
GassJ_kt4£. 

Book ,Fa 



98R 



THE NATIONAL ADMINISTRATION OF 
THE UNITED STATES OF AMERICA 



'*&&& - 



* ^ o 



THE NATIONAL 
ADMINISTRATION 

OF THE 

UNITED STATES OF AMERICA 



BY 



JOHN A FAIRLIE, Ph.D. 

ASSISTANT PROFESSOR OF ADMINISTRATIVE LAW 
UNIVERSITY OF MICHIGAN 



j|5eto got* 

THE MACMILLAN COMPANY 

LONDON: MACMILLAN & CO., Ltd. 

1922 

All rights reserved 



,ft 



Copyright, 1905 
®r THE MACMILLAN CO 

Set up and electrotyped. 
Published April, 1905 






Ifhe Mason-Henry 
Syracuse, New York 



PREFACE 

It is somewhat surprising that there has not been published 
long ago a comprehensive and systematic work on American 
national administration, but it must be acknowledged that with 
all that has been written on our governmental system this part 
of it has been hitherto almost entirely neglected, except in 
fugitive and scattered articles on particular phases of the sub- 
ject. For a long time books on American government dealt 
only with the Constitution and its judicial interpretation, with 
special reference to the powers of Congress. Since Mr. 
Bryce's enlightening work appeared attention has been given 
to methods of legislative procedure and the influence of parties 
and party machinery. But the administrative organization 
and activities of the government have still been hardly men- 
tioned in most works of a general nature. 

At the same time the importance of administrative questions 
is evidenced by the attention given to them in public discus- 
sions, in current periodicals and in the volumes that have been 
published on many special topics. It may indeed be safely as- 
serted that the problems of administration are the important 
problems of the present; and that they receive the attention 
which in earlier times was given to problems of constitutional 
organization. In view of these facts there seems to be a place 
for a general survey of the whole field of national administra- 
tion which is presented in this book. 

A glance at the table of contents will indicate more definitely 
the scope of the work. It will be seen that it is not an account 
of the national government as a whole, but simply of the ad- 
ministrative system. The legislative and judicial branches are 

T 



vi PREFACE 

mentioned only in their direct relations to the executive ad- 
ministration. 

Such a study should be of service not only for itself, but also 
as a model, to some extent at least, for State and local adminis- 
tration. For, with its defects, the national administration 
presents an organized system, where responsibility can be fixed 
and a fair degree of efficiency secured ; and contrasts sharply 
with the disorganized and heterogeneous mass of administra- 
tive officials in our states, cities and other local districts. And 
it may be hoped that an orderly presentation of the national 
system may have some influence in securing a degree of organ- 
ization where there is now little but chaos. 

In the main the book has been written from the primary of- 
ficial records: the Constitution of the United States, the 
statutes of Congress, administrative reports and judicial de- 
cisions. But I have not hesitated to make use also of state- 
ments from unofficial sources written by those who have had 
opportunity for more thorough observation and investigation 
in particular branches of the administrative service than is 
possible for any one person covering so wide a field. And in 
many matters I have been able to rely on personal acquaint- 
ance with the administration in action. 

References at the beginning of each chapter furnish a select 
bibliography, covering the most valuable and accessible printed 
material bearing directly on the subjects here considered. 
These, however, do not include references to all of the original 
statutes or to the periodical reports of the various departments 
and bureaus. Additional information may be discovered scat- 
tered through the treatises on American history, government 
and law, and in the volumes of judicial reports of the United 
States courts. Finally, for a complete study of the national 
administration, there is a vast accumulation of unpublished 
records in the archives of the various government offices. An 
account of these unpublished records and their location has re- 
cently been prepared in the Guide to the Archives of the Gov- 
ernment of the United States in Washington, by Claude Hal- 



PREFACE 



vn 



stead Van Tyne and Waldo Gifford Leland, published by the 
Carnegie Institution. 

Chapters I and II, on the President, have been previously 
published, in practically their present form, in the Michigan 
Law Review for December, 1903, and January, 1904. 

Ann Arbor, Mich., 
December 1, 1904. 



CONTENTS 

CHAPTER PAGE 

I. The President— I . . ., 1 

General Administrative Powers. 

II. The President— II 28 

Special Administrative Powers. 

III. The Senate and Congress 44 

IV. The Cabinet and its Members 54 

V. Administrative Organization 70 

VI. The Department op State 77 

The Diplomatic Service. 
The Consular Service. 

VII. The Department op the Treasury— I ... 92 

Customs Administration. 
Internal Eevenue Service. 

VIII. The Department op the Treasury— II . . , 113 

The Treasury. 
Accounting and Auditing. 
Currency Administration. 
Miscellaneous Bureaus. 
ix 



CONTENTS 
IX. The Department of War 133 

The Army. 
Military Bureaus. 
Public Works. 
Civil Administration. 

X. The Department of the Navy 152 

The Navy. 
Administrative Bureaus. 



XI. The Department of Justice 165 y 



XII. The Post-Office Department ...... 176 

The Postal Service. 
Central Administration. 



XIII. The Department of the Interior— I . . . 188 

Public Lands. 
Indian Affairs. 



XIV. The Department of the Interior— II . . . 205 

Pension Bureau. 
Patent Office. 
Bureau of Education. 
The Geological Survey. 
The Territories. 



XV. The Department of Agriculture 220 

The Weather Bureau. 
The Bureau of Animal Industry. 
The Bureau of Plant Industry. 
Other Bureaus. 



CONTENTS xi 

XVI. The Department op Commerce and Labor . 230 

The Bureau of Corporations. 
Statistical Bureaus. 
Marine Commerce. 
The Bureau of Immigration. 
The Bureau of Standards. 

XVII. Detached Bureaus 248 

The Inter-State Commerce Commission. 
The Civil Service Commission. 
The Government Printing Office. 
The Library of Congress. 
The Smithsonian Institution. 

Cases Cited 263 

Index 267 



NATIONAL ADMINISTRATION 



CHAPTER I 

The President— I 

References. — Pomerot: Constitutional Law, 114-118, 531-612. — Bur- 
gess: Political Science, II, 216-263. — Von Holst: Constitutional 
Law, 82-90, 190-211.— The Federalist: Nos. 67-77— Goodnow : 
Comparative Administrative Law, I, 59-74. — B. Harrison: This 
Country of Ours, 68-180. — James Bryce: The American Common- 
wealth, I, 38-85.— S. G. Fisher: The Trial of the Constitution, 202- 
268. — Grover Cleveland: Presidential Problems. — L. M. Salmon: 
History of the Appointing Power. — G. N. Lieber: Eemarks on the 
Army Kegulations; Use of the Army in Aid of the Civil Power. — 
Atlantic Monthly: 55:826; 85:721; 86:1. — North American Review: 
133:464; 144:120, 261.— American Law Review: 31:876.— Political 
Science Quarterly: 1:163, 533; 3:345. — American Historical Associa- 
tion, Eeport for 1899:65-87. 

At the head of the national administration stands the Presi- 
dent of the United States. He is elected for a term of four 
years by an indirect process, nominally through a series of elec- 
toral colleges chosen in the different states, in fact as the result 
of a party contest where the original voters express directly 
their preference among the candidates, but where the result de- 
pends on the system of counting electoral votes, which may give 
a dominant and excessive influence to a small majority in a few 
pivotal states. It is not necessary here to discuss in detail the 
method of election. For, while the formal process is prescribed 
at some length in the national constitution, the most important 
features form no part of the national administration, but are 
regulated by state laws and extra legal political customs. 

As this work deals only with the national administration, it 
1 1 



2 THE NATIONAL ADMINISTRATION 

will not consider the entire scope of presidential authority. 
Those constitutional powers by virtue of which the President 
may exercise some control over the meetings of Congress and 
over congressional legislation are omitted as legislative in char- 
acter ; and the discussion is confined to his powers of an admin- 
istrative nature. 

In the early days of the national government, these adminis- 
trative powers were of less importance than his legislative 
powers. This was due in part to the insignificance of the 
administrative service, and in part to the lack of an effective 
system of control over the service that was in existence. The 
same situation had existed in the colonies and in the states 
before the adoption of the national constitution; and it has 
persisted to a large extent until the present time in the state 
governments. But in the national government the course of 
events during the last hundred years has enormously increased 
the scope and value of the administrative powers of the Presi- 
dent. Not only has the national administrative service devel- 
oped far beyond anything imagined in 1789 ; but at the same 
time the methods of presidential control over that service have 
become more clearly recognized, and the means of enforcing 
that control have been made more and more effective. 

The various administrative powers of the President may be 
considered in two main divisions: On the one hand he has 
certain general powers over all branches of the national admin- 
istration; and on the other hand, he has more specific and 
additional authority over some particular branches of adminis- 
tration. In the first group are included his control over the 
personnel of the administrative services, through his powers of 
appointment and removal ; and his authority over the activity 
of the administrative officers and agents, based on his consti- 
tutional power to take care that the laws are faithfully 
executed, and exercised by the issue of directions and executive 
regulations. In the second group are included the special 
authority conferred by the constitutional provisions in refer- 
ence to foreign relations, the command of the army and navy, 



THE PRESIDENT— I 3 

and the power of pardon. Each of the administrative powers 
will be considered in turn. 

GENERAL ADMINISTRATIVE POWERS 

Power of Appointment.— The constitution of the United 
States provides that the President 

1 ■ Shall nominate, and by and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers, and consuls, judges of 
the Supreme Court, and all other officers of the United States, whose ap- 
pointments are not herein otherwise provided for, and which shall be 
established by law. But the Congress may, by law, vest the appointment 
of such inferior officers as they think proper in the President alone, in the 
courts of law, or in the heads of departments. The President shall have 
power to fill up all vacancies that may happen during the recess of the 
Senate, by granting commissions which shall expire at the end of their 
next session. ' ' 

In other clauses, the constitution provides for the election of 
President, Vice-President, presidential electors, members of 
the Senate, and members of the House of Kepresentatives. It 
also gives to each house of Congress the exclusive power to 
choose its own officers. These positions are, therefore, ex- 
empted from the presidential power and entirely beyond his 
control. The offices to be filled by the President must in most 
cases be created by law of Congress. Even in the case of the 
Supreme Court, which is specifically established by the consti- 
tution, the number of judges is left to be determined by 
Congress. In laws creating offices, Congress may, and usually 
does, fix the length of term (except for the judiciary), and 
the compensation, allots the powers and duties, and prescribes 
general conditions. It also decides whether appointments are 
to be made by the President and Senate, or by the President 
alone, the courts of law, or the heads of the departments. But 
in no case can Congress itself take any positive step towards 
filling an office except those connected with its own organiza- 
tion, nor can it confer the power of appointment upon any 
one not mentioned in the constitution. 1 

* United States v. Germain, 99 U. S. 508. 



4 THE NATIONAL ADMINISTEATION 

What class of positions come within the term ' ' inferior offi- 
cers* ' has never been carefully defined, and probably cannot be 
determined with exactness. 1 The question has never become 
serious because Congress has shown no tendency to prescribe 
any of the alternative methods of appointment, except for 
distinctly subordinate positions. Thus, not only the heads of 
the great departments, but also the heads of bureaus and 
important local officers— such as revenue collectors and post- 
masters in cities— are appointed by the President and Senate. 
The number of officers selected by this method has naturally 
shown a steady increase. In the time of Jefferson the number 
of presidential offices was about 400; at the inauguration of 
Jackson there were over 600 ; and when Lincoln became Presi- 
dent the number was about 1,500. At the present time there 
are more than 6,000 presidential offices in the civil service, 
with an aggregate salary of $12,000,000 a year. 2 

Moreover, the great bulk of these presidential offices hold 
only for four-year terms, and are thus automatically vacated 
for new appointments during each presidential term. This 
system of four-year terms was introduced by the Tenure of 
Office Act of 1820, which prescribed this period for district 
attorneys, collectors of customs, and other financial officials. 
In 1836 the short-term rule was extended by statute to the 
more important postmasters. And at the present time the 
four-year period is in practice almost universal, since where 
it is not applied by statute, it is recognized by the custom of 
resignations, or may be enforced by the exercise of the power 
of removal. 

1 Collins v. U. S. 14 Ct. of Claims, 569. 

x See summary in Forum, Vol. 31, p. 25: 

State Department, 318 offices, aggregating $ 1,000,000 

Treasury tl 743 " " 617,355 

Post Office " 4,015 " " 6,931,000 

Interior " 747 " " 1,997,640 

Judiciary, " 1,126,000 

$11,671,995 



THE PEESIDENT— I 5 

In exercising this enormous power of patronage, the Presi- 
dent is not limited by any legal requirements, established 
either by statute or by standing executive regulations, govern- 
ing the qualifications of candidates. The civil service exami- 
nation system, governing the selection of candidates for 
subordinate and technical posts, does not affect the positions 
filled by the appointment of the President and Senate. In- 
deed, statutory qualifications would probably be considered an 
infringement on the constitutional grant of the appointing 
power ; and some have professed to believe that even executive 
regulations could not be applied to positions of this kind. 

The President 's power of appointment is, however, restricted 
by the participation of the Senate; and to comprehend the 
significance of the President's authority it is necessary to 
examine the influence exercised by the Senate. Some of the 
opponents of the constitution feared that the President, through 
his power of nomination, would have full control over appoint- 
ments; and that an ambitious man, supported by his own 
appointees in office, might retain possession of the Presidency 
after the expiration of his term. 1 The friends of the consti- 
tution argued that the power of the Senate would act as a 
restraint on the President ; but at the same time they believed 
that the power of nomination would place the primary respon- 
sibility on the President, and that this would tend to secure 
good appointments. 

In the early days of the national government an attempt was 
made to limit the President 's power over nominations. It was 
urged that the right of the Senate to advise appointments 
could only be accomplished by suggesting names to the Presi- 
dent, from which he might make nominations, to which the 
Senate would have to consent before the definitive appoint- 
ment could be made. This method, by giving the Senate the 
right of initiative and the power of ratification, would virtually 
have made the Senate the sole appointing power. This inter- 
pretation was so clearly contrary to the intent of the consti- 
1 Elliott's Debates, I, 379. 



6 THE NATIONAL ADMINISTEATION 

tution that it was never accepted, and the Senate collectively 
acts on appointments only after nominations have been sub- 
mitted. 

But, while the Senate as a body does not control nominations, 
the individual Senators have come to wield a large influence 
in this field, and in some cases almost dictate nominations for 
local positions. This influence of the individual Senators has 
developed through the custom of * ' senatorial courtesy, ' ■ where- 
by the Senate will refuse to consent to a nomination which is 
opposed by a Senator from the state concerned, who belongs to 
the same party as the President, and this opposition is almost 
certain to develop if the recommendation of the Senator has 
not been accepted by the President. Thus, for local positions, 
it is often the case that the primary selection is made by the 
Senators, or for less important positions by members of the 
House of Representatives, and the President merely exercises 
a power to reject unfit persons. To a large extent some such 
procedure is an almost necessary result of the great number of 
positions now filled by presidential nomination. It is impos- 
sible for the President to have personal knowledge of the 
applicants for local offices ; and since he must rely on some one 
else for advice, it is natural that he should give weight to the 
recommendations of the Senators and Representatives. 1 

For some positions, however, the President exercises a much 
larger personal control. The heads of the Executive depart- 
ments, who form the Cabinet, are in most cases personal selec- 
tions ; and the Senate confirms nominations for these offices as 
a matter of course. And in making nominations for the more 
important offices, particularly in the diplomatic service, the 
President exercises a large degree of independent judgment. 
Probably the President makes personal selections for as many 
positions as it is possible for one man to make with due con- 
sideration. 

At the same time it must be recognized that the custom of 
allowing the members of Congress to select local officers, gives 

1 Harrison, This Country of Ours, 109. 



THE PEESIDENT— I 7 

them a control over the administration not contemplated by 
the constitution, and far from satisfactory in practice; while 
the President's exclusive power over the formal nominations 
tends to induce the members of Congress to support legislative 
measures favored by the administration, in return for patron- 
age favors. There is probably no specific agreement to trade 
votes for appointments; but the influence of existing customs 
certainly violates the spirit of the constitutional separation of 
powers. 

To correct this misuse of the presidential appointing power 
is not an easy matter, which can be fully accomplished by 
promulgating a legal rule, either in the form of a statute or 
of an executive regulation. The positions affected are of a 
distinctly different character from those in the subordinate 
classified service now filled by means of competitive written 
examinations; and call for qualifications of business capacity 
which cannot be thoroughly tested by that method. A system 
of higher grade examinations based on a professional univer- 
sity course in law, economics and public administration, such 
as is followed in Germany, could undoubtedly be devised, and 
could be so adapted to American educational methods as to 
avoid any possible danger of the bureaucratic spirit. But 
even such a system could be perverted to partisan purposes so 
long as present notions as to the political nature of presidential 
appointments prevail. The fundamental change that must be 
made is the recognition and appreciation, both by the people at 
large and by the politicians, of the non-political character of 
the administrative offices. 

Two suggestions may be made which, if adopted, would aid 
in emphasizing this non-political character of such offices and 
in reducing the scope of political patronage. If the four-year 
tenure law were replaced by the older system of appointment 
for indefinite terms, the patronage at the free disposal of any 
administration would be reduced to a fraction of what it now 
is. And if the appointment of local officers could be trans- 
ferred from the President and Senate (both essentially polit- 



8 THE NATIONAL ADMINISTEATION 

ical organs) to the heads of the departments, who are more di- 
rectly responsible for the efficient conduct of their respective 
departments, administrative qualifications would receive 
larger consideration than is now given them. Such a decen- 
tralization of the appointing power would not take from the 
President any control which he personally exercises ; but would 
be simply a recognition that the number of appointments is far 
larger than the President can select in person, and would 
transfer the responsible power of appointment to an adminis- 
trative officer, who would be less dependent on the advice of 
members of Congress. Not only would this action tend to 
better the character of the administrative service ; but the re- 
duction of congressional patronage would tend to eliminate a 
serious corrupting influence from the congressional elections. 

It may be added that still further decentralization in ap- 
pointments may become advisable in the future as a counter- 
balance to the growing centralization in legislation and the 
scope of the national administrative service. Certainly if the 
constitution should be amended to give Congress larger powers, 
there should at the same time be amendments providing for 
some decentralization of the national administration. This 
might be accomplished by giving the state governors the power 
of appointing local agents of the national government, a 
method that would secure the advantage of local knowledge 
and at the same time continue the method of appointments by 
an executive official. 

None of these proposals is intended to suggest any limitation 
on the President's power of removal. That power, as will 
presently be seen, is what gives him the effective control over 
the whole administration which he should continue to hold. 
Moreover by separating the power of removal from the power 
of appointment for local offices, and reserving the removal 
power to the President, a further remedy is provided against 
the abuse of the appointing power for partisan or personal 
purposes. 

Power of Removal.— The constitution provides for removal 



THE PEESIDENT— I 9 

from office by the process of impeachment and contains no 
other mention of the power of removal. Under the strictest 
construction of the constitution, it might be urged that there 
is, therefore, no other method than impeachment by which ad- 
ministrative officers could be removed. 1 But from the time 
the question was raised, it seems to have been admitted that 
there is a larger power of removing officers whose terms were 
not explicitly prescribed by the constitution. By whom such 
removals might be made was a question answered in different 
ways. There are three possible alternatives: it might be a 
power vesting in the President alone; it might vest in the 
President with the advice and consent of the Senate ; Congress 
might have the right to designate who should exercise the 
power. 

In the first Congress the matter was thoroughly discussed. 
The bill for establishing a department of foreign affairs pro- 
vided that the head of the department should "be removable 
from office by the President of the United States." Discus- 
sion at first arose in the House of Representatives on the ques- 
tion whether the President alone or the President and the Sen- 
ate had this power under the constitution. Hamilton in one 
of the Federalist papers had stated that the consent of the 
Senate would be necessary to displace as well as to appoint. 
It was now urged that removal from office was part of the ap- 
pointing power, that the Senate had by constitutional au- 
thority the same share in removals as it had in appointments, 
and that it was unconstitutional to attempt to confer the power 
on the President. There was also some opposition to the clause 
on the ground that a President might abuse the power for par- 
tisan and political ends. In opposition to this view, it was con- 
tended that the appointment and removal of officers are essen- 
tially executive acts ; and that while the President 's power over 
appointments was specifically limited by the constitution, 
there was no limitation on his power to remove. Madison sup- 

1 This would not restrict the power of removing subordinate agents and 
employees below the rank of ' ' officers. 7 7 



10 THE NATIONAL ADMINISTEATION 

ported the President's power of removal; and replied to the 
charge that he might abuse the power, that wanton removal of 
meritorious officers would subject him to impeachment and re- 
moval from his own position. The motion to strike out the 
clause, which had been supported by those who favored Senate 
participation, was defeated by a vote of thirty-four to twenty. 

It was next pointed out, however, that the clause did not rest 
the President 's authority on the constitution, but attempted to 
confer the power on him by legislative enactment ; and it was 
urged that it was both useless and improper for the Congress 
to grant a power already conferred by the constitution. Ac- 
cordingly, the original clause was withdrawn : and in another 
part of the bill a provision was inserted for filling vacancies, 
"whenever the said principal officers shall be removed from 
office by the President of the United States, or in any other 
case of vacancy." This was understood and accepted as a 
positive declaration that the right of removal was conferred 
on the President by the constitution. 

In the Senate there was strong opposition to the provision 
in the House bill, but eventually it was adopted by the casting 
vote of the Vice-President. And during the same session of 
Congress, bills organizing the Treasury department and the 
War department, containing precisely the same provisions, 
were passed by both houses. 

This action took place in 1789. For 78 years the inter- 
pretation of the constitution then accepted was followed with- 
out question. Then during the quarrel between Congress and 
President Johnson an act was passed for the express purpose 
of preventing removals by the latter. This Tenure of Office 
Act of 1867 distinctly repudiated the construction formerly 
given to the constitution, but does not clearly assert whether 
the power of removal resides in the President and Senate 
under the constitution or that Congress has control over the 
subject. It declared that removals to be valid must be con- 
sented to by the Senate, that during the recess of the Senate 
the President could do no more than conditionally suspend an 



THE PRESIDENT— I H 

officer, and that only for good cause ; and that he must report 
all suspensions for the approval of the Senate within twenty 
days after the beginning of a new session. 

Two years later, when President Johnson was succeeded by 
President Grant, the law of 1867 relating to removals and 
suspensions was amended by additional legislation. In the 
new statute, the President was permitted to suspend officers 
"in his discretion," instead of only on certain specified 
grounds. Where the former law had provided that a sus- 
pended officer should resume his office if the Senate refused 
to concur in the suspension, the statute of 1869 simply pro- 
vided that if the Senate refused to confirm an appointment in 
place of a suspended officer, the President should nominate 
another person for the office. 1 This latter arrangement would 
seem to make the President's power of suspension equivalent 
to the power of removal, although the use of the word suspen- 
sion is somewhat equivocal. Evidently President Grant was 
not entirely satisfied; for in his first annual message to Con- 
gress he complained of the law of 1869. But as the President 
and Senate were now in political accord no difficulties arose; 
and the statute was allowed to remain. Nor did any trouble 
arise until on the inauguration of President Cleveland in 1885, 
the President and the majority of the Senate were again polit- 
ically opposed. 

During the session of Congress in the winter of 1885-6, the 
Senate delayed action for several months on a large number 
of nominations made by President Cleveland to fill vacancies 
caused by suspensions during the preceding recess. During 
this period the Senate endeavored to obtain from the executive 
departments information as to the causes of the suspensions, 
and this information the executive departments, under direc- 
tion of the President, declined to furnish. The President 
claimed that suspension was a purely executive act with which 

*The attorney-general held that if the Senate adjourned before con- 
firming a nomination in eases of suspension, the suspended officer became 
reinstated, but could be again suspended. 15 Opinions Atty.-Gen. 376. 



12. THE NATIONAL ADMINISTEATION 

the Senate had no concern. The Senate asserted in a Reso- 
lution that it was * ' the duty of the Senate to refuse its advice 
and consent to proposed removals of officers" when the docu- 
ments and papers in reference to supposed official misconduct 
were withheld by the Executive. The President maintained 
his position ; and eventually the Senate confirmed the nomina- 
tions to fill the vacancies. 1 

At the next session of Congress, an Act was passed repealing 
the Act of 1869 amending the Tenure of Office Act of 1867. 
This Act of 1887 repealed the provision requiring the submis- 
sion of suspensions to the Senate, and thus restored the orig- 
inal interpretation of the President's unlimited power of 
removal. According to the earlier and present construction, 
the Tenure of Office Acts of 1867 and 1869 were unconstitu- 
tional, since they were based on the theory that Congress had 
the power to determine how removals should be made. 

It is true that soon after the passage of the Act of 1867, a 
circuit judge considered it constitutional, on the ground that 
Congress had full control over the question, and under the 
earlier system had practically conceded the right of removal 
to the President. 2 But in the face of subsequent events, it 
may be doubted whether this dictum is the final judicial opin- 
ion on the question. 

Certainly in recent cases the Supreme Court has recognized 
an unlimited presidential power of removal in the face of 
statutory provisions similar to those which the state courts 
consider as limitations on the removal power of state governors. 
In one case it has been held that the President's power of 
removal applies to officers appointed for a definite term, before 
that term has expired. 3 And in another case it has been held 

1 Atlantic Monthly, Vol. 86, p. 1 ; Grover Cleveland, Presidential Prob- 
lems. 

a U. S. v. Avery, Deady's Eeports, 204; 24 Federal Cases, 902. The 
constitutionality of the Act of 1867 was not involved in the case before 
the court. 

8 Parsons v. U. S., 167 U. S. 324 (1896). 



THE PRESIDENT— I 13 

that the Presidents power is not restricted by an Act of Con- 
gress defining certain causes for removal. 

This latter case arose out of an Act of 1890 establishing the 
board of customs appraisers, which provided that the apprais- 
ers were to be appointed for no definite term, but could be 
removed by the President for * ' inefficiency, neglect of duty or 
malfeasance in office". This board of appraisers has been 
called a customs administrative court ; and it seems to have been 
the intention to give its members a tenure approaching in per- 
manence that of the national judiciary. In the states, a pro- 
vision authorizing removals for certain causes, is regularly held 
by the state courts to require a statement of charges and an in- 
vestigation by the removing authority. When, therefore, an 
appraiser named Shurtleff was removed from his position 
without notice of any charges or cause for his removal, he 
brought the question as to the legality of his removal before 
the judiciary. But the Supreme Court decided that the pro- 
visions of the Act did not restrict the President's power of 
removal to the causes specified ; but in addition, the President 
had the power of removal at will, and that no notice or hearing 
was necessary. 1 

One important class of national officers— the judges— are 
excepted from the President 's power of removal by the consti- 
tution. The provision that United States judges shall hold 
office during good behavior makes them irremovable except by 
the process of impeachment. But over all officers in the exec- 
utive branch of the government, the President's power of 
removal is beyond question. 

The extent to which the Presidents have exercised the power 
of removal is one of the most marked characteristics of Amer- 
ican administration. Advocated as a necessary means to 
enable the President efficiently to discharge his duty to see 
that the laws are faithfully executed ; the power has been used 
to make changes on a large scale at the beginning of every 
presidential term, and in connection with the four-year tenure 
Shurtleff v. U. S., 189 U. S., 311. 



14 THE NATIONAL ADMINISTBATION 

for many positions it operates to secure an almost complete 
change in the administrative personnel, whenever there has 
been a political change in the executive. While Madison held 
that removal of a meritorious officer would be a just cause for 
impeaching the President, removals for the sole purpose of 
creating a vacancy for a political supporter have come to be a 
frequent occurrence. It must be noted, however, that the cus- 
tom of removals for political reasons, is a logical result of the 
system of political appointments. 

It will be of interest to note the development in the practice 
of removals. Under Washington and Adams there was but lit- 
tle opportunity for political removals, and but few removals 
of any kind are recorded. Under Jefferson, there were about 
one hundred removals out of four hundred positions, the 
changes being defended on the ground that appointments had 
previously been confined to the Federalists. During the terms 
of Madison, Monroe and John Quincy Adams, which involved 
no change in political control, the number of removals was com- 
paratively small, aggregating about sixty for the period of 
twenty years. When Jackson became President in 1829, the 
pressure for appointments led to a very marked increase in re- 
movals; although the extent and significance of Jackson's ac- 
tion has often been much exaggerated. There were about two 
hundred removals in about six hundred presidential offices. 1 
When Van Buren succeeded Jackson, there were compara- 
tively few removals; but after that time they were made in 
great abundance after each presidential inauguration, even 
when there was no change in party control. The inauguration 
of Lincoln was marked by a larger proportion of removals 
than at any time previously. Nearly nine hundred out of 

1 The statement frequently made that Jackson made 2,000 removals dur- 
ing the first year of his administration is based on a rough estimate made 
by Senator Holmes of Maine, which obviously includes removals from 
minor posts; and the comparison of this figure with the removals from 
presidential offices before Jackson's time is hardly just. 



THE PKESIDENT— I 



15 



fifteen hundred presidential offices were vacated. 1 The con- 
tinued success of the Kepublican party produced conditions 
favorable to a smaller removal rate until the inauguration of 
Cleveland in 1885. The quadrennial changes in party control 
during the next twelve years were each followed by removals 
on a large scale. 

It is very doubtful if the transfer of the power of removal 
from the President alone to the President and Senate would 
prove an effective remedy for this condition. The difficulty 
lies deeper, in the prevailing custom of political appointments 
for positions which should be purely administrative ; and until 
public opinion forces a change in the system of appointments, 
removals will inevitably be made on the same basis. More- 
over it remains true, as it was argued in 1789, that the power of 
removal is indispensable to the President if he is to be held re- 
sponsible for the administration and execution of the laws. 
And in addition to developing the system of political removals, 
from the power of removal there has been evolved in large 



REMOVALS FEOM OFFICES BY PEESIDENTS 
American Historical Association, Beport 1899, p. 84. 





, 




, 




© ■ 


'O 


03 


<H 


rt 




a 




ft 


© Pi 


o ft 




U 


o 






a 


i 


03 

© 




•£o3 


O w 


© 

sa 




03 

a 


Presidents 


in 
e3 


CO 

^a 


o 

-*3 


a»o> 


fl U 5 


HH © 

03 Sh 


o 

(— 1 

•£-d 


a 


T3 
03 




>T3 

o© 

a§ 


°08 

©a 

2 2 


©+» 

3'3 


•sg.a 


■Sft| 

ft® o 


a.s 
as 


© em 


•° © 
03 O 


03 S 




©£ 


ca3 


3 ft 


ftp ft 


ft-*, ft 


OT3 


o© 


s© 


2* 




W 


O 


fe. 


< 


< 


o 


EH 


PL, 


^ 


Washington 


13 


4 










17 




6 




14 

48 

4 

17 

5 

164 

26 

375 


5 
11 
20 
10 

2 

26 
17 
15 


2 

8 
2 

"i 
58 
30 
60 


2 
1 

i 

9 
6 
5 


*5 

1 
3 


•• 


21 
*109 
27 
27 
12 

252 
80 

458 


433 
824 

610 
924 


6 




15 




89 




41 




11 




27 




19 


Harrison and Tyler 


19 


Polk 


225 
44 
45 
676 
197 
862 
455 


3 
17 

5 

75 

14 

25 

200 


108 
43 
13 
38 

203 
46 

142 


6 
8 
2 

12 

1 

11 

25 


i 

io 


428 
23 
22 
42 

513 
71 


342 
540 
88 
823 
458 
1457 
903 


929 

1520 
2669 


24 


Taylor 


11 




14 




37 




28 




182 


Johnson 


131 




3169 


445 


762 


89 


20 


1089 


5614 




660 



* Including 40 midnight appointments not recognized. 



16 THE NATIONAL, ADMINISTRATION 

measure, the President's effective power of direction and super- 
vision over the entire national administration. 

Power of Direction.— Not only does the President exercise 
much influence over the personnel of the administration 
through his powers of nomination and removal, but he can also 
control and direct in large degree, the actions of the adminis- 
trative officials. The constitutional provisions which author- 
ize this power are those vesting the executive power in the 
President, and requiring him to take care that the laws are 
faithfully executed. But the principal means by which the 
President can make his control effective is the power of re- 
moval, the possibility of which will usually secure obedience to 
his orders, while if any official persists in disobedience his 
removal permits the appointment of some one who will carry 
out the President 's wishes. 

Although the authority to see that the laws were executed 
was clearly specified in the constitution, and the power of 
removal was recognized from the first as belonging to the 
President, the early statutes organizing the administrative 
services did not always acknowledge the President's power of 
direction. In some cases the power of direction was expressly 
recognized, as in the acts organizing the departments of for- 
eign affairs and of war ; but in these branches of administra- 
tion the President was given by the constitution more specific 
authority, which could not readily be overlooked. On the 
other hand, the act of 1789, organizing the department of the 
Treasury, contained no reference to any presidential power of 
direction, and indicated that the administration of the finances 
was to be kept under the close supervision of Congress. The 
act provided that the secretary of the treasury should perform 
all such services relative to the finances as he should be directed 
to perform, while the context shows that the direction of Con- 
gress and not of the President was meant. Furthermore, the 
secretary of the treasury, unlike the other secretaries, was to 
make his report, not to the President, but to Congress. So, 



THE PEESIDENT— I 17 

too, the Post-Office department was organized without any 
reference to presidential control or direction. 

The view thus negatively indicated that the President had 
but a limited power of direction, is more positively expressed 
in a judicial opinion in one of the United States courts as late 
as 1835:— 

• ' The legislature may prescribe the duties of the office at the time of 
its creation or from time to time, as circumstances may require. If those 
duties are absolute and specific, and not by law made subject to the con- 
trol or direction of any superior officer who is by law especially authorized 
to direct how those duties are to be performed, the officer whose duties 
are thus prescribed by law is bound to execute them according to his own 
judgment. That judgment cannot lawfully be controlled by any other 
person .... As the head of an executive department he is bound, 
when required by the President, to give his opinion in writing upon any 
subject relating to the duties of his office. The President, in the execu- 
tion of his duties to see that the laws are faithfully executed, is bound to 
see that the postmaster-general discharges ' faithfully ' the duties assigned 
by law; but this does not authorize the President to direct him how he 
shall discharge them. ,n 

This opinion indicates the earlier conception of the Presi- 
dent's power of direction. But even before it was uttered, it 
had been effectively overruled by the action of President 
Jackson in forcing the secretary of the treasury to remove the 
government deposits from the United States bank. Notwith- 
standing the semi-independent position given to the secretary 
of the treasury by Congress, and although the control of gov- 
ernment funds was given specifically to that officer; when 
Jackson determined that they should no longer be deposited in 
the United States bank, he first transferred one recalcitrant 

1 United States v. Kendall, 5 Cranch, C. C. 163, 272. Cf . also Kendall v. 
U. S., 12 Peters 610, where a more guarded opinion on the same point is 
given by Justice Thompson of the Supreme Court: "It by no means 
follows that every officer in every branch of that [the executive] depart- 
ment is under the exclusive direction of the President .... It 
would be an alarming doctrine, that Congress cannot impose upon any 
executive officer any duty they may think proper, which is not repugnant 
to any rights secured and protected by the constitution; and in such 
cases, the duty and responsibility grow out of and are subject to the con- 
trol of the law, and not to the direction of the President. ' ' 
2 



18 THE NATIONAL ADMINISTEATION 

secretary (McLane), and removed his successor, who also de- 
clined to act as the President wished, and finally secured one 
(Taney) who executed his wishes. There was strong opposi- 
tion to this action on the part of the President, and the Senate 
passed a resolution of censure. But this did not alter the 
situation. The President had demonstrated his authority, and 
established a precedent ; and so long as the power of removal is 
not restricted, it is clear that the President can in fact control 
the action of any administrative officer in the national service. 

Since the time of President Jackson's action, the larger 
scope of the presidential power of direction has come to be 
more clearly recognized. Congress has added to the specific 
grants authorizing the President to direct the executive depart- 
ments. Attorneys-general have presented opinions as to the 
President's authority, couched sometimes in extravagant 
terms. While the Supreme Court has clearly indicated that 
the President 's authority is not limited to the express terms of 
congressional statutes. 

Under existing statutes the President has specific and posi- 
tive authority to issue instructions and orders to the secretary 
of state, the secretary of war, and the secretary of the navy; 
to require the legal opinion of the attorney-general, 1 and to 
cause even the secretary of the treasury to promulgate regu- 
lations for a special purpose. 2 He has also express statutory 
authority to "call out the militia of any state or employ the 
land and naval forces to suppress rebellion against the United 
States, when the ordinary course of judicial proceedings is in 
his judgment impracticable." 3 

But in addition to these and many other detailed duties and 
powers imposed by statutes, the President issues directions and 
instructions in many cases not directly covered by any specific 
provision of the statutes. Thus he has used the army for the 
protection of the mails without express statutory authority. 

1 Bevised Statutes, §§ 202, 216, 417, 354 
2 Acts of 1890. c. 51. 
*Bevised Statutes, § 5298-9. 



THE PKESIDENT— I 19 

And he has authorized a guard for the protection of a justice 
of the Supreme Court in the discharge of his duties. 

Such extra-statutory authority of the President has been 
repeatedly supported by the attorneys-general, and has been 
distinctly upheld by the Supreme Court. 

Perhaps the best general statement of the present situation 
in this question is the following quotation from an attorney- 
general 's opinion, which is paraphrased from a Supreme Court 
opinion in reference to the authority of a head of a department : 

' ' The President ' is limited in the exercise of his powers by the Consti- 
tution and the laws ; but it does not follow that he must show a statutory 
provision for everything he does. The government could not be admin- 
istered upon such contracted principles. The great outlines of the move- 
ments of the executive may be marked out, and limitations imposed upon 
the exercise of his powers, yet there are numberless things which must be 
done, which cannot be anticipated and defined, and are essential to useful 
and healthy action of government. 7 ' n 

An extreme view of the President's power is given in an 
opinion by Attorney- General Cushing in 1855 : 

* ' I think the general rule to be . . . that the head of a department 
is subject to the direction of the President. I hold that no head of a de- 
partment can lawfully perform an official act against the will of the Presi- 
dent, and that will is by the constitution to govern the performance of all 
such acts. If it were not thus, Congress might by statute so divide and 
transfer the executive power as utterly to subvert the government and 
change it into a parliamentary despotism like that of Venice or Great 
Britain, with a nominal executive chief or President utterly powerless — 
whether under the name of Doge or King or President would then be of 
little account so far as regards the maintenance of the constitution. 7 " z 

Not only have the attorneys-general of the United States 
clearly approved of a presidential power of direction in addi- 
tion to that expressly authorized by statute ; but the Supreme 
Court has in several cases recognized such extra-statutory 
executive authority. Thus the right of United States agents, 
acting under instructions from the secretary of the interior, 

1 6 Opin. Atty.-Gen. 10,365 ; 8 Opin. Atty.-Gen. 343 j 10 Opin. Atty.-Gen. 
413; Cf. U. S. v. Macdaniel 7 Peters 14 (1833). 
»7 Atty.-Gen. Op. 453, 470. 



20 THE NATIONAL ADMINISTRATION 

to seize timber cut from government land, without any positive 
statutory authority for such instructions, has been upheld. 1 
So, too, the right of the attorney-general to institute a law suit 
where the United States had a just cause for action, even in 
the absence of any act of Congress expressly authorizing it, 
has been affirmed. 2 And, again, it has been held that the 
power of the President to see that the laws are faithfully exe- 
cuted authorizes, without any express statutory grant, the 
designation of a deputy marshal as a guard to protect a United 
States justice from probable danger, and that a deputy marshal 
so assigned cannot be held responsible before any state court 
for any act performed in the discharge of this duty. 3 Says 
Justice Miller, in this last case, "We cannot doubt the power 
of the President to take measures for the protection of a judge 
of one of the courts of the United States, who, while in the 
discharge of the duties of his office, is threatened with a per- 
sonal attack which may probably result in his death. ' ' 

While the President thus has now a recognized and effective 
power of direction over executive officials, this is exercised 
mainly on his own initiative, and he does not entertain appeals 
from or exercise a power of revision over the acts of officials 
on matters within their competence. In the opinion of various 
attorneys-general, the President has no power to correct by 
his official act the errors of judgment of incompetent or 
unfaithful subordinates, and there is no appeal to the Presi- 
dent from the decision of the head of a department in such 
cases. 4 If this rule were not adopted the President would be 
overwhelmed with appeals on matters of detail and the trans- 
action of public business would be seriously interrupted. 
Where, however, the question refers to the jurisdiction or 

1 Wells v. Niekles, 104 U. S. 444. 

3 U. S. v. San Jacinto Tin Co., 102 U. S., 273, 279, 280. 
■ In re Neagle, 135 U. S. 1, 63, 67, 75. 

* Opinions of the Attorneys-General, 1 : 624, 636, 678 ; 2 : 481, 507 ; 4 : 515 ; 
5:275, 630; 6:226; 10:526, 527; 11:14; 13:28. 



THE PRESIDENT— I 21 

competence of the subordinate officer, an appeal to the Presi- 
dent has been allowed : 

* ' The President in the exercise of his general administrative superin- 
tendence may interfere to restrain an officer from assuming an authority 
that does not belong to him, as he unquestionably may to compel the 
officer to perform a duty that does belong to him. 

"In none of the other instances where the President's power was 
denied was the jurisdiction of the department officer in any degree 
involved; but merely the correctness of his official action in matters ad- 
mitted to be within his competency. " n 

Ordinance Power.— The President's control over the con- 
duct of the national administration is exercised in large meas- 
ure by the issue of ordinances or executive regulations. 
Owing to the much greater detail in legislative statutes, execu- 
tive regulations are less important in the United States than 
the ordinances of the German Bundesrath or the decrees of the 
French President, and even less important than the orders in 
council in Great Britain; but most writers have exaggerated 
the extent of congressional control and underrated the field of 
executive regulation in the American national administration. 
There are, in fact, many elaborate systems of executive regu- 
lations governing the transaction of business in all the various 
branches of the administration. These include organized 
codes of regulations for the army and navy, the postal service, 
the patent office, pension office, the land office, the Indian 
service, the customs, internal revenue and revenue cutter serv- 
ices, the consular service, and the rules governing examinations 
and appointments to the whole subordinate civil service. And 
in addition to these systematized rules there is an enormous 
mass of individual regulations, knowledge of which is limited 
to the few persons who have to apply them and to those whom 
they affect. 

"It is difficult to form a true conception of the vastness and impor- 
tance of all this great body of executive regulation law, controlling, as it 
does the administration of all the executive departments with its rules of 
action. And when we consider that these rules of action are in general 

1 15 Atty.-Gen. Op. 101-102. 



22 THE NATIONAL ADMINISTKATION 

made, construed and applied by the same authority, thus combining quasi- 
legislative, quasi- judicial and executive authority, we cannot fail to be 
impressed with the extent of the jurisdiction covered by them. ' n 

These executive regulations are sometimes issued in accord- 
ance with statutory provisions, sometimes without any express 
authorization as an exercise of the constitutional executive 
power. Regulations made pursuant to statutes are very com- 
mon. Thus the President is specifically authorized to make 
regulations for the purchase and disposition of supplies for the 
navy, in relation to the duties of the diplomatic and consular 
officers, for admission to the civil service, and in reference to 
killing fur seals ; he may suspend tariff duties on imports from 
countries which enter into reciprocity agreements; he is 
authorized to prescribe the uniform for the army ; and he has 
explicit power to establish internal revenue districts, pension 
agencies and forest reservations. 2 

Other regulations, although not expressly authorized, sup- 
plement certain statutes, prescribing means for carrying them 
into effect in the absence of sufficient legislative regulation. 
Such regulations are often in the nature of interpretations of 
the statutes. The regulations governing the revenue cutter 
service are the most important example of this class ; and are 
of especial significance, since they establish a penal system 
with a code of penalties and a system of procedure, all resting 
on executive action alone. 3 

Still other regulations are issued by the President by virtue 
of his special constitutional powers. In this group are the 
greater part of the army regulations issued by the President 
as commander-in-chief. 

Most of the executive regulations are not issued directly by 
the President, but are prepared in the department concerned, 
and issued by the head of department. But regulations issued 

X G. N. Lieber, "Remarks on Army 'Regulations, p. 47. 
^Revised Statutes, §§ 1296, 1549, 1752, 1753, 3141, 4778, 4780, Acts of 
1891 c. 561. 

s Lieber, Army Regulations, p. 46. 



THE PEESIDENT— I 23 

in this way are considered as the acts of the President, and he 
is regarded as responsible for them. 

1 ' The President speaks and acts through the heads of the several 
departments in relation to subjects which appertain to their respective 
duties We consider the act of the War department in requir- 
ing this reservation to be made, as being in legal contemplation the act 
of the President. ' n 

The most important executive regulations issued directly by 
the President are the civil service rules and the consular regu- 
lations. 

Two interesting legal questions have arisen concerning exec- 
utive regulations. First, are they not legislative acts, and 
therefore beyond the competence of the executive, and beyond 
the power of Congress to delegate? Second, if they are con- 
stitutional because not acts of legislation, are they rules of 
law which will be enforced by the judicial courts, or is their 
enforcement secured only by administrative processes ? 

On the first question, United States judges have held, on the 
one hand, that Congress may delegate the power to make rules 
and regulations, and, on the other hand, that this does not 
constitute a delegation of legislative power. These views 
would seem to be logically inconsistent with each other; and 
the inconsistency is not removed by pointing out the difficulty 
of drawing the line between legislative action and executive 
discretion. For Congress possesses only legislative power, and 
it would seem that any delegation of power by Congress must 
be a delegation of legislative power. If this view is correct, 
statutory authorizations of executive regulations are either a 
grant of legislative power, or they are not grants of power, but 
merely expressions of opinion by Congress that the details left 
for executive regulation are not legislative in character. 

In some cases Congress has authorized executive regulations 
which approach very closely the field of legislative action. 
The most notable instance is in the reciprocity clause of the 

1 Wilcox v. Jackson, 13 Peters, 498, 513; see also TJ. S. v. Eliason, 16 
Peters, 291. 



24 THE NATIONAL ADMINISTEATION 

tariff act of 1890, which authorized the President to suspend 
other clauses of the act permitting the importation of certain 
commodities free of duties, with reference to goods imported 
from countries which imposed duties on American products 
deemed by the President to be reciprocally unequal and unrea- 
sonable. By this provision the imposition of duties was made 
to depend on the action of the President. The opinion of the 
Supreme Court as to the constitutionality of this power, in the 
case of Field v. Clark, 1 discusses previous instances of some- 
what similar provisions, while the dissenting opinion of two 
judges serves to emphasize the point at issue. 

It was shown that there were numerous instances where 
Congress had authorized the President to suspend the opera- 
tion of certain statutes, under given conditions, and some 
cases where more positive authority had been conferred. The 
acts which gave the greatest extent of discretionary power to 
the President were the Embargo Act of 1794, and the Non- 
Intercourse Act of 1799. The former authorized the President 
to lay an embargo on shipping "whenever, in his opinion, the 
public safety shall so require. " The latter authorized the 
President to remit and discontinue the restrictions placed by 
the act on commercial intercourse "if he shall deem it expe- 
dient and consistent with the interest of the United States.'' 
These and other acts were cited as showing the congressional 
interpretation of the question. But the only act of this kind 
which had received judicial recognition was the Non-Inter- 
course Act of 1809, which authorized the resumption of trade 
when the President by proclamation declared that France or 
Great Britain had revoked or modified the edicts violating the 
neutral commerce of the United States. This act was upheld 
by the Supreme Court 2 on the ground that the act of the Presi- 
dent merely announced the condition or fact which the legisla- 
ture prescribed as necessary to the resumption of trade. 

Following this precedent, the majority of the court held that 

1 143 U. S. 649. 

2 The Brig Aurora, 7 Craneh, 382, 388. 



THE PRESIDENT— I 25 

the clause in the Act of 1890 also left to the President simply 

the determination of a fact or contingency upon which the 

suspension of free importation was to take effect. 

"Congress itself prescribed in advance the duties to be levied. 
. . . . The words 'he may deem 7 .... implied that the Pres- 
ident would examine the commercial regulations of other countries 
. . . and form a judgment as to whether they were reciprocally equal 
and reasonable, or the contrary, in their effect upon American products. 
But when he ascertained the fact that duties and exactions reciprocally 

unequal and unreasonable were imposed it became his 

duty to issue a proclamation declaring the suspension, as to that country, 
which Congress had determined should occur. . . . The President 
was the mere agent of the law-making department to ascertain and 
declare the event upon which its expressed will was to take effect. ' ' 

From this opinion Justice Lamar and Chief Justice Fuller 

dissented. It was urged that the legislative precedents could 

not bind the judiciary in interpreting the constitution; and 

that the provision under consideration differed radically from 

that in the Non-Intercourse Act of 1809. 

* ' It does not, as was provided in the statutes of 1809 and 1810, entrust 
the President with the ascertainment of a fact therein defined upon which 
the law is to go into operation. It goes further than that, and deputes 
to the President the power to suspend another section in the same act 
whenever ' he may deem ' the action of any foreign nation producing and 
exporting the articles named in that section to be 'reciprocally unequal 
and unreasonable ; ' and it further deputes to him the power to continue 
that suspension and to impose revenue duties on the articles named 'for 
such time as he may deem just. ' This certainly extends to the executive 
the exercise of those discretionary powers which the Constitution has 
vested in the law-making department. It unquestionably vests in the 
President the power to regulate our commerce with all foreign nations 
which produce sugar, tea, coffee, molasses, hides, or any of such articles. ' ' 

It will be noted that the difference of opinion was as to 
whether the powers conferred were legislative or not ; and the 
view of the majority of the court throws open a wide field for 
delegated executive regulations. But the entire court ac- 
cepted the view that Congress cannot delegate legislative 
power, apparently the first specific expression by the United 
States Supreme Court of a maxim uniformly held by the state 
courts. 



26 THE NATIONAL ADMINISTRATION 

Executive regulations not expressly authorized by statute 
depend either on the general executive power to enforce the 
laws or on special constitutional powers such as the command 
of the army. The power to establish rules to aid in the execu- 
tion of laws seems to be clearly established by long practice; 
and some limitations on this power have been laid down by the 
courts. An executive regulation interpreting a statutory pro- 
vision may be overruled as erroneous by the judiciary. And 
regulations which encroach on the legislative power have been 
declared void. Thus it was held that the Inter- State Com- 
merce Commission had no power to establish a schedule of rail- 
road freight rates, on the ground that this was legislative 
power which had not been clearly delegated to the Commis- 
sion. 1 There is a slight implication in Justice Brewer's 
opinion on this case that if the power had been clearly con- 
ferred it might have been considered legal. 

Army regulations issued by the President as commander- 
in-chief of the army have been repeatedly recognized as legal, 
notwithstanding the constitutional provision giving Congress 
the power to make rules for the government and regulation of 
the land and naval forces. 

"The power of the executive to establish rules for the government of 
the army is undoubted. . . . The power to establish implies, neces- 
sarily the power to modify or repeal, or to create anew. . . . Such 
regulations cannot be questioned or defied because they may be thought 
unwise or mistaken. ' ' 2 

Executive regulations can in most cases be effectively en- 
forced through the President's control over the personnel of 
the administrative service; and having this sanction can be 
considered law in the broader sense of the word. The question 
has however arisen whether or not they are rules of law which 
will be recognized and enforced by the judicial courts ; and the 
general reply may be made that while to a large degree they 

*167 U. S. 479. 

2 U. S. v. Eliason, 16 Peters, 301. See also U. S. v. Freeman, 3 Howard, 
118; Gratiot v. U. S. 4 Howard, 118; Kurtz v. Moffit, 115 U. S. 503; 
Swaim v. U. S., 165 U. S., 553. 



THE PRESIDENT— I 27 

are so accepted by the judiciary, there are some limitations on 
this recognition. The Supreme Court has held distinctly that 
executive regulations prescribed in pursuance of express au- 
thority of Congress "become a mass of that body of public 
records of which the courts take judicial notice. ' n In another 
ease it has been declared that : 

" Regulations prescribed by the President and by the heads of the 
departments, under authority granted by Congress, may be regulations 
prescribed by law, so as lawfully to support acts done under them and in 
accordance with them, and may thus have in a proper sense, the force of 
law; but it does not follow that a thing required by them is a thing so 
required by law as to make the neglect to do the thing a criminal offense 
in a citizen, where a statute does not distinctly make the neglect in ques- 
tion a criminal offense. ' ' 2 

A special form of this question, on which the United States 
circuit courts have differed in their opinions, has been 
whether an injunction would be issued to prevent a removal 
from office, held to be in violation of a civil service rule pro- 
hibiting removals for political causes. In several such cases, it 
has been held that the civil service rules are merely adminis- 
trative regulations, enforceable by the executive, which had 
ample authority to secure their observance; but that a court 
of chancery had no jurisdiction to compel their enforcement. 3 
In another case, however, another circuit judge decided that 
these rules constituted a part of the law which a court of 
equity had jurisdiction to enforce. 4 

J Caha v. U. S., 152 IT. S. 211, 223. 
a U. S. v. Eaton, 144 U. S. 677, 688. 

"Carr v. Gordon, 82 Federal Reporter 379; Taylor v. Kercheval, 82 Fed. 
Eep. 497 ; Morgan v. Dunn, 84 Fed. Rep. 551. 
•Butler v. White, 83 Fed. Rep. 578. 



CHAPTER II 

The President— II 

SPECIAL ADMINISTRATIVE POWERS 

Turning now to those particular branches of administration 
where the constitution confers on the President special powers, 
we shall find that in these fields he has still more ample author- 
ity. Not only do the constitutional grants guard him from en- 
croachment on the part of Congress, but they enable him at 
times to assume a large degree of legislative power. 

Foreign Relations. 1 — By the constitution all foreign rela- 
tions are entrusted either to the President alone, or to the 
President in connection with the Senate; and Congress as a 
whole has no control in these matters, except in certain in- 
stances to pass laws to carry out the provisions of treaties. 
Several distinct clauses of the Constitution deal with this sub- 
ject. "He [the President] shall receive ambassadors and 
other public ministers accredited from foreign governments. ' ' 
"He shall nominate, and with the advice and consent of the 
Senate, shall appoint ambassadors, other public ministers and 
consuls. ' ' " He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two-thirds of 
the Senators present concur." "All treaties made, or which 
shall be made under the authority of the United States shall be 
the supreme law of the land; and the judges in every state 
shall be bound thereby, anything in the constitution or laws of 
any state to the contrary notwithstanding." 

These powers may be differentiated into two main divisions : 
the power of communication and negotiation with foreign 
countries, which is under the complete control of the Presi- 

1 Pomeroy, Constitutional Law, ch. 5, sec. 4. 
28 



THE PRESIDENT— II 29 

dent; and the power of making formal and binding interna* 
tional agreements, having the force of law, which is shared by 
the President and Senate. 

The President has full control over all intercourse, com- 
munications and negotiations between the United States and 
all other governments; and while these are for the most part 
carried on through the secretary of state, that officer acts as 
the direct and personal agent of the President. The latter is 
kept more closely informed of the details of foreign negotia- 
tions than of other departments, and in important matters 
takes an active part in the negotiations. Ambassadors and 
other ministers from foreign countries to the United States 
present their credentials to the President, and must be form- 
ally received by him. By this means he officially recognizes 
newly established governments. Ministers from the United 
States to foreign countries are nominated by the President; 
and while the nominations must be confirmed by the Senate, 
the President exercises a larger personal influence in these 
appointments than in others, while his power of nominating 
such officers cannot be transferred to any other official. In 
any case, the Senate's control over these ministers ends with 
their confirmation. Their duties are performed entirely under 
the direction of the executive. Instructions are sent to them, 
claims and demands presented, replies to foreign governments 
forwarded, from the President, acting through the department 
of State. Moreover, all correspondence and negotiations are 
generally conducted in secret; and seldom published until 
after some conclusions have been reached. The degree of dis- 
cretionary action left to the secretary of state will naturally 
vary with circumstances,— such as the relative experience of 
that officer and the President in diplomatic affairs, the Presi- 
dent's sense of propriety and his convictions on a given sub- 
ject. But the responsibility in every case rests on the Presi- 
dent alone ; and the importance of the matters involved make 
essential his close personal attention. 

Through this power over negotiations with foreign countries 



30 THE NATIONAL ADMINISTRATION 

the President has a momentous and far-reaching authority. 
He has the sole initiative in making treaties, determining the 
subject matter, and proposing and agreeing to stipulations. 
Only after the formal draft of a treaty has been accepted by 
the President is it submitted to the Senate, so that it is impos- 
sible for that body to dictate a treaty. Moreover, the Presi- 
dent may so conduct diplomatic negotiations as to force the 
country into a war, without any possibility of hindrance from 
Congress or the Senate. 

While in the conduct of negotiations the President has un- 
limited power, formal treaties with foreign countries can be 
concluded only "by and with the advice and consent of the 
Senate, providing two-thirds of the Senate present concur." 
In this matter, as in reference to appointments, there has been 
some question as to the rights of the Senate under the clause 
providing for its advice and consent ; and the established prac- 
tice has been somewhat different in the case of treaties from 
that in the case of appointments. 

The " advice" of the Senate as a body, is not ordinarily 
called for or given before a formal treaty is presented for its 
consent. But there have been some instances of this ; while it 
is more customary for members of the Senate committee on 
foreign relations to be kept informed of the progress of impor- 
tant negotiations. In any case, however, the Senate does not 
consider itself bound simply to accept or reject a proposed 
treaty; but has on various occasions introduced amendments 
as a condition of its consent. When the Senate makes such 
amendments, it is possible for the President to abandon the 
treaty, if he prefers such action to further negotiations for 
the amended treaty. If the President accepts the Senate 
amendments, it is necessary to carry on further negotiations 
with the foreign government and its consent to the changes 
before the treaty is definitely concluded. A recent notable 
instance of the Senate's influence was in the Hay-Pauncefote 
treaty of 1900, where the Senate's amendments led to renewed 
relocations and the drafting of a new treaty. 



THE PBESIDENT— II 31 

There must next be noted the influence of Congress over 
treaties. 

"Our constitution declares a treaty to be the law of the land. It is 
consequently to be regarded in courts of justice as equivalent to an act 
of the legislature, whenever it operates of itself without the aid of any 
legislative provision. But when the terms of the stipulation import a 
contract, when either of the parties engages to perform a particular act, 
the treaty addresses itself to the political, not the judicial department, 
and the legislature must execute the contract before it can become a rule 
for the court. ' J1 

Most generally the necessity for such congressional action 
arises where a treaty provides for a payment of money, which 
can be made only by virtue of an appropriation regularly 
passed by both houses of Congress. 

Where a treaty and a statute conflict, which prevails over 

the other? It has been clearly decided in a number of cases 

that if the statute is later in date the courts will be bound by 

the statute when it conflicts with an earlier treaty. 

1 ' So far as a treaty made by the United States with any foreign nation 
can become the subject of judicial cognizance in the courts of this coun- 
try, it is subject to such acts as Congress may pass for its enforcement, 
modification, or repeal. ' 72 

Congress has thus power to amend the provisions of a treaty 
or to annul a treaty ; and its acts for these purposes will be 
accepted by the United States courts. The only remedies open 
to a foreign government are those for the violation of a treaty, 
— a protest, and in the last resort, war. 

If the treaty is later in date, there is evidence that the con- 
verse of the above rule would also apply. For in deciding 
cases under the rule stated, the courts have based their judg- 
ments on the general principle that the later expression of 
law should prevail over the earlier. 

1 ' By the constitution a treaty is placed on the same footing and made 
of like obligation with an act of legislation. Both are declared by that 
instrument to be the supreme law of the land, and no superior efficacy is 

Foster v. Neilson, 2 Peters, 253. 

2 Head Money Case, 112 U. S. 580, 597 ; Whitney v. Eobertson, 124 U. S. 
190 j Chinese Exclusion Cases, 130 U. S. 600; 149 U. S. 698. 



32 THE NATIONAL ADMINISTBATTON 

given to either over the other. ... If the two are inconsistent, the 
one last in date will control, providing always the stipulation of the 
treaty is self -executing. ' ;1 

But the application of this rule in favor of a treaty con- 
flicting with an earlier statute does not seem to have been made 
as yet. 

It has been maintained by the House of Representatives that 
treaties affecting the revenue laws do not go into effect until 
authorized by an Act of Congress; and this claim has been 
admitted on several occasions, as in the case of the recent 
reciprocity treaty with Cuba. 

The execution of treaties, so far as it is not dependent on 
legislative action, comes— like the execution of other laws— 
under the direction of the President. One class of treaties— 
those providing for the extradition of criminals— generally 
impose on the President the function of surrendering fugitive 
criminals to foreign powers. An exception to this rule is 
found in the treaty between the United States and Mexico, 
which authorizes the chief executives of the frontier states and 
territories to grant extradition in some cases. But, even in 
these cases, the President may intervene and make the final 
decision. 

As a matter of practice the warrant of surrender for extra- 
dited criminals is issued not by the President in person, but 
by the secretary of state. It is also dependent on the power 
of judicial magistrates to discharge a fugitive. Formerly it 
was held that where a fugitive was committed by a judicial 
magistrate for extradition, the action of the executive was 
purely ministerial ; but more recently the President has exer- 
cised discretionary power to refuse to surrender fugitives even 
after commitment. 2 

Military Powers.— The President is by the constitution, 
commander-in-chief of the army and navy, and also of the 
state militia when in the service of the United States. Con- 

1 Whitney v. Eobertson, 124 U. S. 190. 

2 J. B. Moore, Extradition and Inter-State Bendition, I, 549, 555. 



THE PEESIDENT— II 33 

gress, however, has the power of declaring war and of military 
legislation. It is thus difficult, if not impossible, to draw a 
strict line of demarcation between the authority of Congress 
and that of the President. But the general principles of 
demarcation can be indicated ; and in practice there have been 
very few important conflicts. Congress regulates whatever is 
of general and permanent importance, while the President 
determines all matters temporary and not general in their 
nature. Thus Congress authorizes the total number of men 
in the army, their distribution among the different branches 
of the service, the number and kind of arms, the location and 
character of forts ; and the President, as chief executive, must 
carry out the statutes on these matters. But the President, as 
commander-in-chief, decides where the different parts of the 
army and navy are to be stationed and moved, the strength 
and composition of garrisons and field forces, and the distri- 
bution of arms and ammunition. Congress has power to 
declare war (although hostilities may commence without such 
a declaration), and decides what means it will grant to conduct 
the war ; but the President decides in what way the war shall 
be conducted, directs campaigns and establishes blockades, 1 and 
also may do whatever is necessary to weaken the fighting power 
of the enemy. It was on this last ground that President Lin- 
coln issued the emancipation proclamation. 

The war power of the President is not limited to matters 
directly involved in the conduct of war, but extends beyond 
purely military actions to the domain of the exceptional rela- 
tions which arise as a result of war. Thus in the case of terri- 
tory conquered or occupied in war, the President can appoint 
a military governor and establish a military government, which 
may end only upon the conclusion of peace, and (if there is 
ceded territory) upon legislation by Congress. 2 The same 
power was exercised over the territory of the seceding states, 
after the Civil War. In both cases, too, the President may 

x The Prize Cases, 2 Black, 635. 
"Cross v. Harrison, 16 Howard, 193. 



34 THE NATIONAL ADMINISTRATION 

appoint a provisional civil government, with power to organize 
courts, and administrative officials, and levy taxes. But after 
the ratification of a treaty ceding territory, neither the Presi- 
dent nor a government established under his military powers, 
can impose tariff duties on imports into the ceded territory 
from the United States, nor on imports into the United States 
from the ceded territory. 1 

How far the military powers of the President extend over 
territory not directly involved in the military operations was 
a subject of discussion during and after the Civil "War. At 
the outset of the war, the attorney-general claimed for the 
President the right to refuse obedience to a writ of habeas 
corpus; and Lincoln afterward issued a proclamation suspend- 
ing the writ. Later, however, the suspension of the writ of 
habeas corpus was authorized by Congress. Numerous mili- 
tary arrests were made during the war, not only in the neigh- 
borhood of military operations, but also in the northern states, 
and in some cases hundreds of miles distant from any field of 
action. After the war a case was brought to the Supreme 
Court of the United States, involving the legality of military 
trials and punishment of civilians under such circumstances; 
and the court laid down the rule that martial law should be 
established only in such districts of the home country where 
the regular courts could not exercise their functions. 

"It follows from what has been said on this subject that there are occa- 
sions when martial rule can be properly applied. If, in foreign invasion 
or civil war, the courts are actually closed, and it is impossible to admin- 
ister criminal justice according to law, then, on the theater of active 
military operations, where war really prevails, there is a necessity to fur- 
nish a substitute for the civil authority, thus overthrown, to preserve the 
safety of the army and society ; and as no power is left but the military, 
it is allowed to govern by martial rule until the laws can have their free 
course. As necessity creates the rule, so it limits its duration ; for, if this 
government is continued after the courts are reinstated, it is a gross 
usurpation of power. Martial rule can never exist where the courts are 

*De Lima v. Bidwell, Dooley v. U. S., 182 U. S. 1, 222; Fourteen 
Diamond Eings v. U. S., 183 U. S. 176. 



THE PKESIDENT— II 35 

open, and in the proper and unobstructed exercise of their jurisdiction. 
It is also confined to the locality of actual war. 7 n 

Chief Justice Chase and Justices Wayne, Swayne and Miller 
dissented on the ground that in time of war Congress had 
power to determine the districts where martial law should be 
put in effect, even in places where the courts were in operation. 
The dissenting opinion also pointed out the difference between 
military law, military government and martial law. 

It is worth noting that the rule thus laid down does not 
seem to have been put into force. The judgment of the court 
in the case in question was apparently not executed ; and the 
question may therefore be raised whether the opinion of the 
court on this matter has the sanction necessary to constitute a 
rule of law. In any case it was too late to affect the powers 
exercised by President Lincoln. Nevertheless, the opinion has 
value as showing the view taken by the Supreme Court ; and 
would doubtless have a strong moral influence in restraining a 
future President from exercising similar powers. 

While the President's military powers become vastly more 
significant during the conduct of war, they are also of large 
importance in maintaining internal order and suppressing 
resistance to law not amounting to war. For these latter 
purposes the army is actively employed under two sets of 
conditions: To protect a state against domestic violence, as 
guaranteed by the constitution ; and to enforce the laws of the 
United States and protect the instrumentalities of the national 
government against unlawful interference. 

The constitutional guarantee to protect the states against 
domestic violence limits its application to cases where pro- 
tection is sought by the legislature or the executive of the state. 
The guarantee is, however, expressed in the name of the United 
States, without indicating clearly which department of the 
national government is entrusted with its enforcement. In 
reference to the guarantee of a republican form of government, 
the Supreme Court has held that it rests with Congress to 

1 Ex parte Milligan, 4 Wallace, 2. 



36 THE NATIONAL ADMINISTRATION 

decide what is the established government in a state and 
whether it is republican or not. 1 But Congress itself has 
authorized the President to act on applications from a state to 
suppress domestic violence. The Militia Act of 1795 provided 
that: 

"In case of an insurrection in any state against the government 
thereof, it shall be lawful for the President of the United States, on 
application of the legislature of such state, or of the executive (when the 
legislature cannot be convened), to call forth such number of the militia 
of any other state or states, as may be applied for, as he may judge suf- 
ficient to suppress such insurrection. ' ' 

In case of invasion or imminent danger of invasion from 
any foreign nation or Indian tribe, the President was author- 
ized to use the militia without application from the state 
authorities. The Act of 1807 authorized the use of the land 
and naval forces wherever the militia had been authorized, and 
the Revised Statutes provide for the use either of the army and 
navy or of state militia to suppress insurrection within a state. 2 

In cases of domestic violence the President was restricted by 
the condition that he should act on application of the state 
authorities. But under other circumstances he was authorized 
to act without any such condition expressed. This larger 
power of independent action was provided for, on the one hand 
in cases of invasion or imminent danger of invasion and on 
the other hand in cases of opposition to the laws of the United 
States. The former class of cases deal distinctly with the con- 
duct of war, which has already been considered. In reference 
to the latter, it is important to notice the statutory provisions 
and questions that have arisen in the exercise of the authority. 

The Militia Act of 1795, already mentioned, authorized the 
President to call out the militia "whenever the laws of the 
United States shall be opposed, or the execution thereof 
obstructed, in any state, by combinations too powerful to be 
suppressed by the ordinary course of judicial proceedings, or 

*Luther v. Borden, 7 Howard, 1 ; Texas v. White, 7 Wallace, 700. 
*Bevised Statutes, § 5298. 



THE PBESIDENT— II 37 

by the powers vested in the marshals by this act." The Act 
of 1807 authorized the use of the army and navy under these 
same circumstances. Under this authority troops were used 
on various occasions to overcome resistance to the internal 
revenue laws 1 and for other purposes. And it was under these 
provisions that President Lincoln issued his first call for 
militia. By the Act of July 29, 1861, the authority of the 
President was increased ; and he was authorized to use the 
militia or the army and navy "whenever, by reason of unlaw- 
ful obstructions, or assemblages of persons, or rebellion against 
the authority of the government of the United States, it shall 
become impracticable, in the judgment of the President, to 
enforce by the ordinary course of judicial proceedings the laws 
of the United States within any state or territory. ' ' 

This provision in the statutes has been continued since the 
Civil War; and even after the process of reconstructing the 
southern states was accomplished national troops were stationed 
in these states and employed especially in enforcing the na- 
tional laws regulating the elections for presidential electors and 
members of Congress, commonly known as the force bills. But 
opposition in Congress to this policy prevented the passage of 
the Army Appropriation bill in 1877 until four months after 
the expiration of the former appropriation, and led to the 
adoption next year of a statutory provision to limit the use of 
troops. The Army Appropriation Act of 1878 provided that 
"from and after the passage of this act it shall not be lawful to 
employ any part of the army of the United States as a posse 
comitatus, or otherwise, for the purpose of executing the laws, 
except in such cases and under such circumstances as such 
employment of said force may be expressly authorized by the 
Constitution or by act of Congress." 

Among the purposes for which the use of the army and navy 
is expressly authorized by acts of Congress are : in reference to 
Indian affairs, the protection of the public lands, the execution 

X E. g. The Whiskey Rebellion in Pennsylvania, See 16 Opin. Atty.« 
Gen. 162. 



38 THE NATIONAL ADMINISTRATION 

of neutrality laws, the protection of merchant marine and the 
suppression of piracy, the enforcement of judicial proceedings 
and the suppression of insurrections or unlawful combinations 
obstructing the laws of the United States. 1 

During the railroad strikes of 1894 United (States troops 
were employed without request from the state governments to 
a much larger extent than formerly. The Governor of Illinois 
protested against action ignoring the state government ; but it 
was shown that the employment of the troops was in accordance 
with the constitution and laws of the United States. 2 

They were used to enforce the laws prohibiting the ob- 
struction of the mails and conspiracies against inter-state com- 
merce, 3 and to secure the execution of judicial processes of the 
United States courts. The broader scope of action at this 
time was due in part to a new interpretation as to what con- 
stituted an obstruction of the postal service. Formerly where 
strikers had cut out passenger and baggage cars from a mail 
train, but did not directly prevent the movement of the postal 
cars, it had been assumed that they were not obstructing the 
postal service. But it was now held that interference with any 
part of a mail train constituted an obstruction to the postal 
service. Another factor, however, in the extension of the field 
for the employment of the army was the recent statute pro- 
hibiting conspiracies against inter-state commerce. 

The interpretation of President Cleveland as to the powers 
and duty of the executive under the circumstances was 
approved by the Supreme Court 4 and by the Senate and House 
of Representatives in resolutions adopted by both bodies. 

x Bevised Statutes, §§ 2118-2152, 2460, 4293, 4792, 5275, 5286, 5297-5299. 

*McClure 's Magazine, vol. 23, 227. 

'Rev. Stat. § 3995; Act of July 2, 1890. 

4 InreDebs, 158 U. S. 581: 

1 ' If all the inhabitants of a state, or even a great body of them, should 
combine to obstruct inter-state commerce or the transportation of the 
mails, prosecutions for such offenses had in such a community would be 
doomed in advance to failure. And if the certainty of such failure was 
known and the national government had no other way to enforce the free- 



THE PRESIDENT— II 39 

The Pardoning Power.— The President is empowered by the 
constitution, "to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment. ' ' 
A pardon has been denned by Chief Justice Marshall, as "an 
act of grace, proceeding from the power entrusted with the 
execution of the laws, which exempts the individual, on whom 
it is bestowed, from the punishment the law inflicts for a crime 
he has committed. ' n It will be noted that the President's 
power to pardon is limited to offenses against the United 
States. But as to these offenses the power is complete. He 
can remit every punishment from a money penalty up to and 
including the death penalty. In a few respects, however, a 
pardon does not annul all the legal consequences of a sentence. 
In cases of forfeiture, so far as others have acquired a legal 
right to the goods forfeited, the pardon remains inoperative ; 
and a pardon does not effect reinstatement in a forfeited office. 2 
A pardon may be granted on certain conditions ; and a remis- 
sion of part of a sentence is regarded as a conditional par- 
don. 3 But a penalty of an entirely different kind from the 
one imposed cannot be inflicted by a pardon. The power of 
pardon may be exercised at any time after the offense has been 
committed, either before legal proceedings are taken, or during 
their progress, or after conviction and judgment. 4 Presidents 

dom of inter-state commerce and the transportation of the mails than by- 
prosecution and punishment for interference therewith, the whole inter- 
ests of the nation in these respects would be at the absolute mercy of a 
portion of the inhabitants of a single State. 

"But there is no such impotency in the national government. The 
entire strength of the nation may be used to enforce in any part of the 
land the full and free exercise of all national powers and the security of 
all rights entrusted by the constitution to its cares. The strong arm of 
the national government may be put forth to brush away all obstructions 
to the freedom of inter-state commerce or the transportation of the mails. 
If the emergency arises, the army of the nation, and all its militia, are at 
the service of the nation to compel obedience to its laws. ' ' 

1 United States v. Wilson, 7 Peters, 150, 159. 

*Von Hoist, Constitutional Law, p. 210. 

"Ex parte Wells, 18 Howard, 307. 

'Ex parte Garland, 4 Wallace, 333, 380. 



40 THE NATIONAL ADMINISTRATION 

have also Issued general pardons, or amnesties, to a class of 
offenders without designating particular individuals by name. 

In the exercise of these pardoning powers the President is 
subject to no legal control. Congress has attempted to restrict 
the practical effect of a general amnesty, by a statute declaring 
that the acceptance of a pardon should be conclusive evidence 
of guilt, and persons thus established as guilty should be pre- 
cluded from enforcing certain legal rights and claims against 
the government. But the Supreme Court pronounced this 
statute null and void, because it invaded the exclusive province 
of the President by restricting the force and effect of the power 
of pardon, and also of the judiciary by changing the legal 
import of their judgments. 1 The only remedy against the 
gross abuse of the pardoning power is the right of impeach- 
ment. 

Limitations on Presidential Power.— This discussion has 
shown that the President has the means of exercising a thor- 
ough and far-reaching control over every branch of the national 
administration, with still further authority over certain par- 
ticular administrative services. A brief space may now be 
given to the limitations on his authority. 

Attention has already been called to the limitations imposed 
by the executive powers of the Senate over appointments and 
treaties. Congress has also important means of controlling 
the administration and so limiting the President's powers. 
The effective methods of congressional control are through the 
details of statutes, and especially through the minute enumera- 
tion of items in appropriation bills. These methods are made 
use of much more effectively by Congress than by legislative 
bodies in other countries ; and close obedience to the statutes is 
aided by the system of reports to Congress and investigations 
into the different branches of administration by congressional 
committees. But permanent statutes cannot deal with current 
problems of administration ; and even in the field of expendi- 
ture, the custom of permanent appropriations for certain lines 
*U. S. v. Klein, 13 Wallace, 128. 



THE PBESIDENT— II 41 

of public work is being extended, and to that extent relieving 
the administration from the control of each particular 
Congress. 

By far the most important limitation on the President's 
administrative powers is the restricted scope of national powers 
and national administration. The large powers reserved to 
the states take out of the control of the national government 
many administrative services which in other countries are 
either in the immediate management of the central govern- 
ment, or under its supervision. But in this country, both state 
and local administration are entirely beyond the powers of the 
President. 

In spite of these limitations the President's powers are of 
more importance than those possessed by the chief executives 
of most modern governments ; and certainly within the sphere 
of national administration his effective personal authority is 
of more value than that of most constitutional monarchs of 
Europe, or even of their prime ministers. 

It remains to note briefly the forms of presidential action, 
and the legal remedies against an unconstitutional exercise of 
power by the President. 

Forms of Presidential Action.— The acts through which the 
President exercises his powers are of two classes : those laying 
down general rules affecting numbers of persons under differ- 
ent circumstances; and those of special application to par- 
ticular individuals. Of the former, three kinds may be noted : 
Announcements and decisions of the widest interest and broad- 
est scope are issued by proclamations, intended for general 
circulation. Matters of less importance, but affecting both 
government officials and private citizens, are dealt with in 
regulations or rules; while general orders directed mainly or 
exclusively to government officials are known as instructions. 
These different forms bear no relation to the sources of presi- 
dential authority ; but each of them is used in the exercise of 
different powers. Thus, proclamations are issued by virtue of 
specific statutory provisions, or in the discharge of constitu- 



42 THE NATIONAL ADMINISTBATION 

tional powers, or even for such extra-legal acts as the announce- 
ment of the annual Thanksgiving Day. Acts of special 
application may be,— directions or orders issued to the head of 
a department ; decisions on such appeals as go to the President, 
or on matters requiring his approval ; or commissions appoint- 
ing persons to office. 

Remedies Against the Action of the President.— There seem 
to be only two legal methods of directly restraining the per- 
sonal action of the President : the cumbrous process of impeach- 
ment, and the negative control exercised by the courts in 
declining to enforce unconstitutional orders and regulations. 

In the case of Marbury v. Madison, Chief Justice Marshall 
pronounced the dictum, that so far as his political or discretion- 
ary powers were concerned, no action could be maintained 
against the President. 

"It is scarcely necessary for the court to disclaim all pretensions to 
such a jurisdiction. An extravagance so absurd and excessive could not 
have been entertained for a moment. The province of the courts is solely 
to decide on the rights of individuals, not to inquire how the executive or 
executive officers perform duties in which they have a discretion. Ques- 
tions in their nature political, or which are by the constitution and laws 
submitted to the executive, can never be made in this court. ' n 

"The executive power is vested in a President, and as far as his 
powers are derived from the constitution, he is beyond the reach of any 
other department, except in the mode prescribed by the constitution 
through the impeaching power. ' ' 2 

No case has yet arisen where the courts have attempted to 
control the acts of the President where this would bring them 
into direct conflict with him. The Supreme Court has refused 
to consider the question of issuing an injunction against the 
President to restrain him from enforcing a law alleged to be 
unconstitutional. 3 And when a writ of habeas corpus was 
opposed by the orders of the President, the court declined to 
take further action. 4 

*1 Cranch, 170. 

2 Kendall v. United States, 12 Peters, 524, 610 
"Mississippi v. Johnson, 4 Wallace, 475. 
*Ex parte Merryman, Taney, 246. 



THE PEESIDENT— II 43 

This attitude of the courts is, however, of less significance 
than might be supposed, owing to the fact that the President 
acts in large measure through the administrative officials of all 
grades. Over all such officials, including the heads of depart- 
ments, the courts freely exercise control. 1 They not only re- 
fuse to enforce unconstitutional orders, but also use their more 
emphatic mandatory and prohibitory powers of administrative 
jurisdiction. Nor does an unconstitutional or illegal order of 
the President serve to protect any officer from the judgment of 
the judiciary. 

1 U. S. v. Schurz, 102 U. S. 378, 



CHAPTER III 

The Senate and Congress 

References. — Goodnow: Comparative Administrative Law, I, 102-106; 
II, 262-302.— Bryce: American Commonwealth, I, 106-110, 208-214, 
278-289. — Story: Commentaries on the Constitution, II, 173-279. — 
Dupriez: Les Ministres, II, 95-117. — De Chambrun: Le Pouvoir 
Executif dans les Etats Unis, 107-135, 320-345. — North American 
Beview, 167:47, 176.— Forum, 31:423.— Atlantic Monthly, 68:227; 
92:433. — American Law Beview, 28:276. — Scribner's Magazine t 
34:541. 

It is not the purpose of this chapter to discuss the organiza- 
tion and legislative powers of the two houses of Congress, nor 
to examine in detail their methods of procedure. These are 
important topics in a study of the constitutional system and 
the working of political institutions. But the legislative bodies 
are of interest here only in their direct relations to the national 
administration ; and it is solely in this aspect that they will be 
considered. This will include an examination of the special 
executive powers of the Senate, and of the methods by which 
Congress exercises control over the administration. 

THE SENATE AS EXECUTIVE COUNCIL 

In the national government of the United States the Senate 
is at the same time a branch of the legislature and an executive 
council. In combining these two elements it resembles the 
German Bundesrath ; although its executive functions are dis- 
tinctly different from those of the German institution, and also 
different from those of executive councils in other countries. 
These councils in other countries, while varying widely in 
organization, agree in having for their principal administrative 
work the exercise of a large ordinance power, supplementing 
the statutes of the legislature. Such ordinances are formally 

44 



THE SENATE AND CONGRESS 45 

enacted by the British Privy Council and the German Bundes- 
rath ; while the detailed work of preparing administrative ordi- 
nances form the largest share of the duties of the body of legal 
experts who compose the French Council of State. 

No such ordinance power is conferred on the United Statea 
Senate. But in other ways it has important administrative 
powers, in addition to its share, as one branch of Congress, in 
the legislative control over the administration. These special 
administrative powers are clearly distinguished from its legis- 
lative functions by a striking difference in procedure. In 
legislative matters the Senate, like the House of Kepresenta- 
tives, holds public sessions; but when exercising these special 
powers it meets in executive session, with closed doors. More- 
over, the Senate may, and often does, sit as an executive council 
at times when the House of Representatives is not in session. 

These special administrative powers of the Senate have 
already been noted in considering the limitations in some of 
the President's powers. But it will serve to make clear the 
position of the Senate if they are grouped together. 

In the first place, the Senate has some control over the per- 
sonnel of the administration by the power of approving or 
rejecting the nominations of the President to the more impor- 
tant positions in the administrative service. During the 
regime of the Tenure of Office acts, it also was able to control 
removals; and then could exercise control over the adminis- 
trative officers in the discharge of their duties; but since the 
repeal of these acts this power is no longer held. The power of 
confirming or rejecting appointments is, however, actively used 
by the Senate. Except in the contest with President Johnson, 
the President has been left free to choose the members of his 
cabinet ; but for all other officers the Senate exercises its power 
to reject a nomination on any ground it pleases, while through 
the development of what is known as the "courtesy of the 
Senate, ' ' the Senators from each state when they belong to the 
same political party as the President generally control the 



46 THE NATIONAL ADMINISTRATION 

nominations to local offices of the national government within 
their own state. 

In the second place, the Senate has the very important power 
over the approval of treaties. By the constitution, every 
treaty negotiated by the President must be accepted by two- 
thirds of the Senators present when the vote is taken before it 
becomes the law of the land. We have already noted that the 
preliminary negotiations are conducted under the control of 
the President subject to no active interference by the Senate. 
In practice, however, the need for securing the approval of the 
Senate makes it advisable that on the most important matters 
the Senate committee on Foreign Affairs be kept informed of 
the progress of negotiations. There have also been some cases 
when a formal report of negotiations has been made and the 
advice of the Senate has been asked for, before the treaty was 
framed. 

When the treaty is arranged by the negotiators, it is trans- 
mitted to the Senate with all the documents pertaining to the 
subject. The matter is then referred to the committee on 
Foreign Affairs, which makes a careful study of the question. 
This committee is always composed of the strongest members of 
the Senate, leaders in both parties, and its membership changes 
very slowly. Its chairman is next to the President and the 
Secretary of State the most important factor in the treaty- 
making power, and may be superior to them owing to his long- 
continued experience and his influence in the Senate. The 
committee may kill a treaty by failure to report on it; or it 
may report favorably, unfavorably, or suggest amendments. 
When a report is made, the matter comes before the whole 
Senate for discussion. Generally the report of the committee 
is adopted,— thus showing the influence of the members, which 
is sufficient to secure the necessary two-thirds vote for ratifica- 
tion. Frequently, however, this action does not confirm the 
treaty negotiated by the President. Many treaties have been 
rejected outright : for example, those annexing San Domingo, 
purchasing the Danish West Indies, and the arbitration treaty 



THE SENATE AND CONGRESS 47 

with Great Britain. Still more common is the adoption of 
amendments which the Senate names as conditions of its 
approval. 

These executive powers of the Senate are clearly an impor* 
tant exception to the strict application of the theory of the 
separation of powers. And, indeed, this exception is so evident 
that it is usual to speak of the Senate as both a legislative and 
an executive body. To this combination of functions, with the 
long terms and continuous service of the Senators, has been 
due, in large measure, the dominance of the Senate in legis- 
lation. 

CONGRESSIONAL CONTROL 

Over and above the special executive powers of the Senate 
both houses of Congress, acting in their regular method of 
procedure, exercise a large control over the national adminis- 
trative services. This is done by means of reports, investiga- 
tions, the details of statutes, the control of finances, and in 
extreme cases by the process of impeachment. 

In the constitution it is expressly provided that the Presi- 
dent ' ' shall from time to time give to the Congress information 
of the state of the Union. " Each year at the beginning of the 
regular session of Congress he addresses to both houses a mes- 
sage in which he discusses administrative and political matters 
and expresses his views on proposed legislation. The Presi- 
dent 's message is accompanied by elaborate reports from each 
of the heads of the executive departments. The statutes 
require these department reports to be made, and to present 
detailed information as to the expenditures for the department, 
the employees and their services, and in general to give a 
complete report of the operations of the department for the 
year past. 

In addition to these regular reports, the houses of Congress 
may make requests to the President or the department secre- 
taries for documents and further information on any special 
subject. But in this case they do not have the right nor the 



48 THE NATIONAL ADMINISTRATION 

means of enforcing an answer. The President may refuse to 
answer on the strength of his independent position, and the 
department secretaries will obey the orders of the President. 
These requests for information are made not by individual 
members, but in the name of one or other house. Any member 
may, of course, present inquiries at any department office ; but 
these are purely personal affairs which can be refused readily. 
On a question of some importance on which full details are 
sought, the member must first propose his request in the House 
and have it approved there. The request is then transmitted 
by the appropriate standing committee to the department con- 
cerned, which sends the answer (with or without the informa- 
tion) either to the committee or direct to the speaker of the 
House. 

These regular and special reports from the departments to 
the Congress serve two purposes : they give the houses know- 
ledge of the needs of the country and the administrative serv- 
ices ; and they allow Congress to control the administration in 
the smallest details, by informing the committees of matters 
which can be regulated and changed by statute. 

If either house of Congress wishes to make a more thorough 
investigation of the conduct of the President or any adminis- 
trative official, they can appoint an investigation committee, 
with power to collect documents, to hear witnesses and to invite 
the department heads before them. But such a committee 
cannot give orders to a department secretary, nor even insist 
on their attendance, although in fact they usually appear. 
The committee can only present questions, which the depart- 
ment head may avoid or even refuse outright to answer ; but 
again, in most cases the answers and information sought for 
will be given. 

These means of control serve, doubtless, to prevent and 
detect misconduct and malfeasance in office, which might occur 
if the departments were independent of all supervision. They 
also at times subject the administrative officials to petty annoy- 
ances, can hinder their action, and secure compromises on 



THE SENATE AND CONGEESS 49 

questions of detail. But they cannot transfer the control over 
administrative policy from the President to Congress. 

Either house of Congress, or both houses jointly, may pass 
resolutions calling on the President or the department heads 
to take certain steps, or disapproving actions that have been 
taken. But such resolutions have no direct effect on the 
administration. They do not shorten the term of the Presi- 
dent or any officer, nor limit their discretion; and they need 
not be obeyed or even noticed. The Senate adopted a resolu- 
tion of censure against President Jackson. But this did not 
in the least alter his course. Indeed, he vigorously contested 
its constitutionality, and three years later when he had a 
majority of the Senate the resolution of censure was expunged 
from the records. 

A more serious restriction on the President and the admin- 
istrative service is that exercised by the statutes. These, of 
course, bind the administrative officials in the discharge of 
their duties ; and the statutes enter into such minute detail that 
they impose important limitations on the powers of officials 
compared with those in other countries. The elaborate com- 
mittee organization serves to aid Congress in this work. The 
houses could not enter into such details on all measures but for 
the fact that each committee makes a special study of the 
administration of the bureaus under its supervision, and elabo- 
rates the bills governing the bureau to carry out their ideas. 

In addition to the control exercised by existing statutes. 
Congress may enact a law requiring the President or any offi- 
cial to do or to abstain from doing certain acts hitherto left to 
his free will and judgment. Such a bill might be vetoed by 
the President ; so that it could become law only by a two-thirds 
vote in each house. 

Congress also exercises control over the administration 
through its control of the finances, in passing revenue and 
appropriation laws and in auditing expenditures. Financial 
measures are enacted as statutes in the same manner as other 
bills. And in framing such bills and adapting them to their 
4 



50 THE NATIONAL ADMINISTRATION 

final form, the determining authorities are the finance com- 
mittees of the two houses, with their chairmen as the most 
important factors. The proposals of the departments are 
never more than a basis for the measures as passed ; and often 
the statutes bear little resemblance to the original proposals. 

Each successive Congress does not exercise its control over 
revenues to the fullest extent possible. In Great Britain and 
other countries some of the important revenue laws are enacted 
only for one year at a time, and must be renewed annually. 
In the United States national government, however, customs 
duties, internal revenue taxes, post-office receipts, and, in fact, 
all of the revenues are collected under standing laws, which 
remain in force until altered. If no positive action is taken 
by Congress the revenue will continue to be collected as pre- 
scribed in laws passed previously. 

More direct and continuous control is exercised by means of 
the appropriation bills. By withholding supplies Congress 
can check any plan favored by the President which requires 
the expenditure of money ; and as appropriations are made in 
great detail, it can, by reducing the grant for any particular 
bureau, limit its activities or even cause its practical abandon- 
ment. This was done with the first Civil Service Commission, 
appointed by President Grant; and numerous unsuccessful 
attempts have been made to repeat this action with the present 
commission. So, too, by cutting off army appropriations any 
attempt on the part of the President grossly to abuse his con- 
trol of the army might be limited. And, as has been noted, 
the House of Representatives might negative the execution of 
a treaty confirmed by the Senate by refusing to make an appro- 
priation. 

Positive control is exercised by making appropriations for 
items not in the department estimates, or even in the face of 
the open disapproval of the department concerned. This has 
often been done in connection with river and harbor improve- 
ments, and also in requiring the department of Agriculture to 
continue the free distribution of seeds. 



THE SENATE AND CONGKESS $1 

Important branches of the national administration are, 
however, relieved from the detailed control of each succeeding 
Congress by the system of permanent appropriations. The 
salary of the President and of the United States judges have 
always been secured from frequent changes by the constitu- 
tional provision that they may not be reduced during the term 
for which any of these officers are chosen. Payments for 
interest and principal of the national debt are provided for by 
permanent statutes; and also for the customs service, and, in 
recent years, for some river and harbor works. Under acts of 
1878 and 1890 the purchase of silver bullion as a basis for cur- 
rency was required, until the repeal of the latter in 1893. 
Moreover, by the decisions of the Supreme Court, naming a 
fixed salary for an office is regarded much as a permanent 
appropriation ;* although in this case a suit would have to be 
brought in the Court of Claims, and in case of judgment the 
amount could be collected only from the appropriation for the 
payment of private claims. 

But the control which can be exercised in these ways is 
limited. It is impossible by any of these means to compel 
the President to act as Congress wishes in a matter that is 
within the constitutional powers of the President. Thus, when 
President Buchanan declined to use the army against the 
seceding states, Congress could do nothing. 

In England the system of ministerial responsibility was 
developed from the power of the House of Commons over the 
purse ; by its refusal to vote supplies to a ministry which would 
not carry out its wishes. But that course is not possible in 
this country. To withhold the appropriations and thus stop 
the machinery of government would injure the country and the 
members of Congress far more than the President. They can- 
not refuse to vote the salary to the President, for that is guar- 
anteed to him by the constitution. The attempt has, however, 
been made to use the money power of Congress to coerce the 
President in another way; by attaching as " riders' ' to the 

1 U. S. v. Langston, 118 U. S. 389. 



52 THE NATIONAL ADMINISTRATION 

appropriation bills, items of general legislation which the 
President would veto if presented as separate bills. But in 
1879 President Hayes vetoed appropriation bills to which 
riders were attached; and threw the responsibility back on 
Congress, so that they were compelled to repass the appropria- 
tions without the riders. 

Congress also confirms its control over appropriations by 
examining the accounts of the various departments. Each 
department submits full financial reports to Congress at the 
end of the year ; while the Secretary of the Treasury reports 
on the entire receipts and expenditures for the preceding year. 
The rules of the House of Representatives provide that such 
accounts go to the Speaker, and are submitted by him to the 
House. The various accounts are then referred to one or other 
of the standing committees on expenditure, which examine 
them as to their conformity to the appropriation laws, their 
justness and correctness, the accountability of public officers, 
and the possibility of retrenchment. Each committee reports 
to the house on the accounts referred to it. 

There remains as the final method of congressional control 
over the administration the process of impeachment. Under 
the constitution an impeachment trial can be held of the Presi- 
dent, Vice-President, or any of the executive or judicial officers 
of the national government. The House of Representatives 
presents the indictment ; and the Senate acts as a court, a vote 
of two-thirds being necessary to convict. This procedure was 
adapted from England, where the method has gone out of use 
since the establishment of cabinet responsibility to the House 
of Commons. 

There have been many and vigorous discussions as to what 
are proper grounds for impeachment. The constitution names 
"treason, bribery or other high crimes and misdemeanors ,, as 
the causes. It has been argued that these words are not to be 
taken in their technical legal sense, which would limit such 
trials to acts which national laws expressly declared to be 
felonies and misdemeanors ; but it is also held by some that the 



THE SENATE AND CONGEESS 53 

words are to be taken in a more general sense. Congress has 
adopted this interpretation; and none of the impeachment 
trials have been based on the violation of a statute. Two 
judges have been convicted : one for treason, one for drunken- 
ness. In the trial of President Johnson the argument that he 
was not guilty of any statutory crime was urged in his defense 
and seems to have weighed in securing his acquittal. 

The only penalty that can be imposed on conviction in an 
impeachment trial is removal from office ; but this is enough to 
establish the control of Congress over the officers. Persons 
convicted by impeachment would afterwards be subject to trial 
and punishment by the ordinary courts. 

If impeachments are limited only to statutory crimes, it is 
obvious that they provide no means for any control over the 
administration in the ordinary discharge of its duties. But 
even if the larger scope of grounds for impeachment be taken, 
it is still a difficult and cumbersome process which can be used 
only on rare occasions. Indictment by the House is difficult 
to secure, and conviction by two-thirds of the Senate is almost 
impossible. As Mr. Bryce says : 

"Impeachment is the heaviest piece of artillery in the congressional 
arsenal, but because it is so heavy it is unfit for ordinary use. It is like 
a hundred-ton gun which needs complex machinery to bring it into posi- 
tion, an enormous charge of powder to fire it, and a large mark to aim at. 
It is an extreme remedy, proper to be applied against an ofiicial guilty of 
political crimes, but ill-adapted for the punishment of small transgres- 
sions. ' ' 

Effective congressional control is thus that secured by 
detailed statutes and appropriations, in framing which Con- 
gress is aided by its committees and the reports required from 
administrative officials. 



CHAPTER IV 

The Cabinet and its Members 

References. — Bryce: The American Commonwealth, I, 86-96, 277-297.— 
Goodnow: Comparative Administrative Law, I, 127-161. — Guggen- 
heimer: Development of the Executive Departments, in Jameson: 
Essays in Constitutional History, 116-185. — Burgess: Political 
Science, II, 263, 311-317.— H. J. Ford: American Politics, 383-396 — 
A. L. Lowell: Essays on Government, No. 1. — J. I. C. Hare: Amer- 
ican Constitutional Law, I, lecture 10. — Dupriez: Les Ministres, II, 
42-52, 68-95, 150-164. — F. Snow : In American Historical Association 
Beports, 4:309; in Annals Amer. Acad. Soc. and Pol. ScL, 3:1. — 
Congressional Directory, December, 1904, 257-290. — Atlantic 
Monthly, 50:95. — North American Beview, 111:330. — American Law 
Beview, 23:280-282. — Yale Law Journal, 7:1-19. — Magazine of 
American History, 23:386. 

In the discharge of his administrative functions the Presi- 
dent is assisted by a group of advisers known as the Cabinet, 
which has some resemblances and some points of difference to 
the cabinets in other governments. As is the general rule 
elsewhere, the President 's Cabinet is composed of the heads of 
the principal executive departments, into which the national 
administration is organized. Like the British cabinet, it has 
no legal existence as a collective body. But, unlike the cabi- 
nets in countries having the parliamentary system of govern- 
ment, neither the Cabinet as a whole nor the individual mem- 
bers, in the United States, are politically responsible for the 
acts of the chief executive. The President has full authority 
and sole responsibility ; and his Cabinet is simply a consulta- 
tive and advisory body to him, without any effective control 
over legislation. This situation is indicated by the fact that 
the members of the President's Cabinet are generally called 

54 



THE CABINET AND ITS MEMBERS 55 

secretaries, instead of the more dignified title of ministers, 
which is used in most other countries. 

ORGANIZATION 

While the Cabinet as a body has no formal legal existence, 
its membership is in fact determined by the number of execu- 
tive departments in the national administration. These depart- 
ments have been created by congressional statutes, which regu- 
late strictly their jurisdiction and powers. The constitution 
does not expressly provide what authority shall have this power 
of organizing the departments ; indeed it does not specifically 
direct the creation of such departments, although it recognizes 
their existence in two places. It permits the President to 
require the opinion in writing of the heads of the executive 
departments ; and it provides that Congress may vest the power 
of appointing inferior officers in the heads of such departments. 
The last cited clause speaks of ' ' offices established by law, ' ' and 
this has been interpreted as giving to the legislature the organ- 
izing power. Moreover, not only are the departments in their 
main features created and established by Congress; but also 
their internal organization, and the powers and duties of the 
various heads of sub-divisions are often regulated in detail by 
statute. Only rarely does a statute provide that the head of a 
department shall organize any particular sub-division. 

In other countries the internal organization of the depart- 
ments, and in continental Europe even the principal depart- 
ments, are established by executive order. This system has the 
advantage of flexibility, since it permits frequent changes to 
be made quickly to meet new conditions. The rigidity of an 
organization fixed by statute is not always conducive to eco- 
nomic or efficient administration. An illustration of this may 
be noted in the creation by statute of districts for the collection 
of customs duties. The districts as they now exist were estab- 
lished many years ago, and some of the ports formerly of im- 
portance have sunk into insignificance with changes in the lines 
of foreign trade. Secretaries of the Treasury have repeatedly 



56 THE NATIONAL ADMINISTRATION 

reported this situation to Congress and recommended the aboli- 
tion of the less important districts. But Congress has failed to 
act on these recommendations, probably on account of the oppo- 
sition of the members from the sections affected. Such mat- 
ters could with advantage be left to administrative regulation ; 
while the legislative control over finances would effectively- 
check any tendency to extravagance which might be feared 
from the administrative officers. 

In 1789 when the constitution was first put into operation 
three executive departments were created by Congress : State, 
Treasury and War, and in addition there was established the 
office of Attorney-General, who ranked from the first with the 
heads of the departments. Since that time five additional 
executive departments have been successively formed— the 
Navy in 1798, the Post-Office in 1829, the Interior in 1849, 
Agriculture in 1889, and Commerce and Labor in 1903— while 
the Attorney-General's office has been developed into the de- 
partment of Justice. This expansion has been due in part to 
the development of the older administrative services, some of 
which have been taken from the original departments and 
placed under one of the more recent creations ; and in part to 
the establishment and growth of new branches of service. In 
addition to the nine executive departments, whose heads form 
the President's Cabinet, there are a few less important bureaus 
not connected with any of the main departments. Such are 
the Inter-State Commerce Commission and the Civil Service 
Commission. 

A uniform salary of $8,000 a year is given to each of the 
heads of the nine principal departments. This is much below 
the compensation of the ministers at the head of the important 
departments in the principal foreign countries. 

The number of Cabinet members is much smaller in the 
United States national administration than in other important 
countries. This is due in part to the federal system of govern- 
ment, which leaves to the states such matters as educational 
administration, the supervision over local government, and the 



THE CABINET AND ITS MEMBEES 57 

regulation of manufacturing industry and of commerce which 
does not cross state lines. But in some cases services per- 
formed by the national government are in this country organ- 
ized as subordinate bureaus of one of the main departments, 
which in other countries are in charge of an official of cabinet 
rank. Such, for example, are the public works and colonies 
under the Secretary of War. 

Department secretaries are appointed by the President, "by 
and with the advice and consent of the Senate/ ' There have 
been, however, but a few exceptional cases where the Senate 
has attempted to exercise any control over the President's 
selections for these positions ; and the power of appointment is 
practically exercised by the President himself. He is under 
no compulsion to choose the members of his Cabinet from the 
political party which controls the Senate, still less from the 
party which controls the House of Eepresentatives. And each 
President is free to select his own advisers, without reference 
to those of his predecessor. 

Nevertheless, there are certain customs and limitations ob- 
served by the Presidents in their choice. Elected to his position 
by a political party, the President is confined in the choice of 
his Cabinet to the members of his own party. Washington 
attempted to secure a Cabinet with representatives of different 
political views; but the attempt was not successful. Lincoln 
selected some men who had been democrats and some who had 
been whigs; but all had definitely attached themselves to the 
new republican party. Cleveland in 1893 appointed a former 
republican as Secretary of State; but he had supported the 
democratic candidate at the preceding election, and was in no 
sense a representative of the opposing party. 

Several groups of members, chosen on different grounds, 
may generally be recognized in each Cabinet as finally organ- 
ized. Some receive their position as party leaders. If there 
is a well-marked division within the party, there will be some 
persons closely allied to the President, and usually some repre- 
sentatives of the opposing element. The Secretary of State 



58 THE NATIONAL ADMINISTEATION 

has frequently been the strongest rival to the President for the 
party nomination. Some members are selected largely because 
of their services in political campaigns, either past or pro- 
spective. Occasionally there will be a selection based mainly 
on administrative qualifications for the special department. 
And there are usually some persons in the Cabinet chosen by 
the President mainly on account of personal considerations. 

Few of the Cabinet members are taken directly from Con- 
gress. Occasionally ex-Senators and ex-members of the House 
of Representatives are appointed. But a Senator feels that 
his position in the Senate is more secure if he continues to 
occupy it; and that the longer tenure with the chance for 
reelection makes it a more influential post than that of depart- 
ment secretary for not more than four years. Most of the 
representatives are not of sufficient calibre for the Cabinet; 
while the few leaders— who are also usually sure of their seats 
— prefer the political and legislative work of Congress to the 
administrative service. 

One consideration of considerable weight is the representa- 
tion of different sections of the country. There is no rule 
requiring anything like a proportional distribution of the posi- 
tions ; but it is felt to be advisable that each of the large divi- 
sions of the country should have a member in the cabinet. 

POWERS AND FUNCTIONS 

In discussing the powers and functions of the department 
secretaries, it is necessary to discriminate between (1) their 
influence as a collective body, (2) the general powers exercised 
by each individually, and (3) the special functions of the dif- 
ferent secretaries. 

As a Cabinet.— In their collective capacity the department 
secretaries are known as the President's Cabinet. But this 
Cabinet, while in some respects resembling the cabinets in 
European governments, occupies in fact a very different and 
much less important place in the government. Like the British 
cabinet, it is an entirely extra-legal body, authorized neither 



THE CABINET AND ITS MEMBEES 59 

by the constitution nor the statutes, nor even by any formal 
regulation or order of the President. But the British cabinet 
is at least an informal committee of the Privy Council, one of 
the oldest features of the British constitution, and is moreover 
the working part of the Privy Council ; while in this country 
the Cabinet is purely a voluntary association of the heads of 
the departments. 

Not only has the President's Cabinet no legal existence, it 
has no collective responsibility, and no control over the polit- 
ical and legislative work of Congress. In most European coun- 
tries the members of the cabinet are the leaders of the majority 
in the legislature ; and are the responsible directors of legisla- 
tion. In the United States, the members of the Cabinet cannot 
be members of Congress; and by custom are excluded from 
speaking in either house, although they frequently appear 
before congressional committees. It has been proposed to 
give them seats and the privilege of speaking in Congress with- 
out a vote; and this action would doubtless increase their 
influence in legislation, but so long as they are chosen by the 
President without reference to the party majority in Congress 
they could not become the controlling factors. 

Even in administrative affairs, the Cabinet as a collective 
body has no legal control over the President or of any single 
member. If votes, resolutions or formal recommendations 
were passed, they would not legally bind the President in the 
slightest degree. It is a purely advisory body voluntarily 
consulted by the President ; but the latter must himself make 
the final decision and assume full responsibility for all deci- 
sions. 1 

While it is necessary to recognize the less important position 

of the President's Cabinet as compared with the cabinets in 

such countries as England, France and Prussia, there is also 

*A striking illustration of the situation is told of President Lincoln. 
A proposition made by the President was opposed by every member of the 
cabinet; but at the conclusion of the discussion Lincoln laconically 
announced the result : ' ' Seven nays, one aye, the ayes have it. ' ' Formal 
votes are seldom if ever taken. 



60 THE NATIONAL ADMINISTRATION 

some danger of underestimating its functions and influence. 
Thus Mr. Bryce says : ' ' The ministers meet in council, but have 
comparatively little to settle when they meet ; . . . they are a 
group of heads of departments, whose chief, though he usually 
consults them separatively, often finds it useful to bring to- 
gether in one room for a talk about politics or to settle some 
administrative question which lies on the borderland between 
the provinces of two ministers. ' ' 

If this statement fully represented the work of the Cabinet, 
it would be difficult to understand the necessity for two regular 
meetings of the Cabinet every week during the greater part of 
the year. Not merely matters involving more than one depart- 
ment, but most matters of first importance in the field of any 
department or of presidential action, are considered and dis- 
cussed ; and even in the field of legislation measures that are to 
be officially recommended or privately urged either by the 
President or the secretaries are carefully gone over and an 
administration policy is usually worked out and adopted. In 
administrative matters, the Cabinet consultations serve not 
only to avoid conflicting action by the different departments, 
but also to bring about in large measure a harmonious spirit of 
cooperation; and in both respects the national administration 
is much more effective than the disorganized executive machin- 
ery in most of the states. In legislative matters, the influence 
of the Cabinet consultations necessarily depends on the party 
relations between the President and Congress. When one or 
both houses of Congress is politically opposed to the President, 
comparatively little can be accomplished ; but when the Presi- 
dent 's party has a majority in both houses, the administration 
policy will, unless there are internal party dissensions, have 
large weight in the legislation enacted. 

Individual Powers.— Each head of a department even in his 
own field is subject to the control and direction of the Presi- 
dent. But from the causes which lead to the establishment of 
the departments this control cannot cover his whole field of 
action. The departments are created because there is more 



THE CABINET AND ITS MEMBEES 61 

work to be done than can be effectively supervised by the 
President himself; and thus each secretary has a series of 
administrative powers and duties which they perform largely 
independent of the President. The constitution provides that 
Congress may grant to the heads of the departments the power 
to appoint inferior officials ; and many laws have conferred this 
power, so that the greater mass of offices are filled by the 
appointment of the heads of the departments. The more 
important subordinates are, however, appointed by the Presi- 
dent and Senate. Under the civil service law of 1883, a great 
number of minor appointments are restricted to candidates 
who have qualified themselves by examinations. 

It was early laid down by the courts that the power of 
removal was incident to the power of appointment. 1 So when- 
ever the heads of departments have the appointing power, they 
have (unless there are express provisions in statute or execu- 
tive regulation to the contrary) the power of removal also. 

Under the earlier conception of a head of a department in 
England and the United States, he was considered an official at 
the center of government with powers of appointment and 
removal, but he was not supposed to direct the actions of the 
subordinates in his department. The statutes of the legis- 
lature entered into the most minute details as to the duties and 
powers of the subordinate officers, so that the need for central 
instruction and supervision was not felt. This situation can 
be illustrated in the national administration by the collectors 
of customs. Though appointed nominally as subordinates of 
the Secretary of the Treasury, the law did not recognize that 
they were subject to his instructions and directions. It was 
not the practice to regulate their duties by administrative 
instructions, nor was there any custom of appealing from the 
decision of a collector to the Secretary of the Treasury. 2 But 
as the result of a century of development the national adminis- 

*Ex parte Hennen, 13 Peters, 230. 

■Report of Secretary of Treasury on Collection of Duties, 1888, p* 
xrrrii; cf. 10 Peters 80, 137. 



62 THE NATIONAL ADMINISTRATION 

tration has become centralized in spirit and practice as well as 
in form. It is now recognized that the department secretaries 
stand at the head of a hierarchy; of officials, with power to 
reverse or modify on appeal the decisions of inferior officers 
and to direct them how to act. In particular, the statutes now 
specifically provide for an appeal from a collector of internal 
revenue to the Treasury before the aggrieved party has any 
standing in court ;* and in the department of the Interior there 
is a well developed system of appeals from subordinate officials 
to the secretary. 2 The courts, too, have recognized that the 
head of a department may change the decision of a subordinate 
officer. 3 

Still further the heads of departments exercise a delegated 
ordinance power ; and most of the executive regulations are in 
fact issued by the department concerned. The revised statutes 
authorize the head of each department "to prescribe regula- 
tions, not inconsistent with law, for the government of his 
department, the conduct of its officers and clerks, the distribu- 
tion and performance of its business, and the custody, use and 
preservation of the records, papers and property appertaining 
to it. 4 Besides this grant to all the heads of departments, 
special ordinance powers are given to the heads of the particu- 
lar departments. 

This ordinance power is, however, limited to that specifically 
conferred ; and where a regulation is issued not clearly based 
on legal authority, the courts do not hesitate to declare it void 
when its legality is contested in suits before them. 5 . But when 
Congress has delegated the power to issue such regulations, 
these when issued have the full force of a statute, upon private 
individuals as well as upon public officials. 6 

% Bevised Statutes, § 3226. 
2 Ibid., § 2273. 
"11 Federal Beporter, 76. 
'Bevised Statutes, § 161 ; cf . ibid. § 2652. 
6 2 Cranch, 170; 5 Blatchford, 63; 107 TJ. S. 407. 

•Bevised Statutes, § 251; 1 Abbott, U. S. 351; 4 Howard, 80; 100 TJ. 
S. 13, 23. 



THE CABINET AND ITS MEMBERS 63 

There are no direct remedies against the general acts of the 
heads of departments : appointments, removals, directions and 
general ordinances. In the case of special orders, a remedy is 
to be found in one of the special writs (mandamus, injunction, 
certiorari, quo warranto, habeas corpus), which may be applied 
for from the Supreme Court of the District of Columbia, and 
from there appeal lies to the Supreme Court of the United 
States. 1 

Special Duties.— The Secretary of State has always ranked 
first among the members of the President 's Cabinet ; and this 
position is now legally recognized in the act regulating the 
succession to the Presidency which makes him succeed imme- 
diately after the Vice-President. This rank, however, confers 
no such influence as that possessed by a prime minister in 
European countries ; but the dignity of the position generally 
causes it to be given to the strongest man in the Cabinet, who 
frequently wields considerable influence in the consultations. 

His duties fall into three groups : as keeper of the seals and 
archives, as home secretary, and as secretary for foreign affairs. 

As keeper of the seals and archives, his duties are mainly 
formal. He receives bills and resolutions from Congress ; and 
also proclamations and important commissions from the Presi- 
dent, all of which he countersigns and to which he affixes the 
great seal (department seals are now attached to most minor 
commissions) . He is further charged with publishing the laws 
of the United States, and guarding the public archives; he 
preserves the original statutes and resolutions of Congress, 
presidential proclamations, and treaties made with foreign 
countries. 

As home secretary, he is the medium of communication 
between the President and state governors, i. e., between the 
national government and the state governments. His duties 
in this field are very limited ; but so far as they go they corre- 
spond to those of a minister of the interior or home secretary 
in Europe. The principal subjects of such communications are 

1 Marbury v. Madison, 1 Cranch, 137; Kendall v. U. S., 12 Peters, 524. 



64 THE NATIONAL ADMINISTRATION 

applications from state governors for troops to suppress dis- 
order, negotiations with the governors in regard to the raising 
of troops in time of war, and negotiations in reference to the 
admission of new states. 

In regard to foreign affairs, "he is charged, under the direc- 
tion of the President, with the duties appertaining to corre- 
spondence with the public ministers and the consuls of the 
United States, and with the representatives of foreign powers 
accredited to the United States." He countersigns warrants 
for the extradition of fugitives from justice, issues passports to 
citizens of the United States and exequaturs to foreign consuls 
in the United States. In a word, he supervises the relations of 
the government with foreign governments and protects the 
persons and interests of American citizens in foreign countries. 
His conduct of foreign affairs includes the negotiation of com- 
mercial treaties, which In most other countries is performed by 
the minister of commerce. He makes an annual report to Con- 
gress on foreign relations, which includes most of the diplo- 
matic correspondence with United States ministers to foreign 
countries and foreign representatives to the United States. 
His control over the negotiation of treaties gives him a larger 
influence in determining questions of policy than any other 
secretary ; although he is still subordinated to the directions of 
the President, and the treaties are subject to the action of the 
Senate. 

In the early days of the national government the position of 
Secretary of State was a stepping stone to the Presidency ; but 
there has been no instance of this since Buchanan. The secre- 
taries who have gained the greatest reputation in this office 
have been John Quincy Adams, Seward and Hay. 

The Secretary of the Treasury does not possess the same 
powers nor occupy the same position as a minister of finance in 
other governments. "In the countries of Europe the finance 
minister is above all the director of the financial policy of the 
government; the general control which he exercises over the 
administration of the revenues and expenditures of the govern- 



THE CABINET AND ITS MEMBEES 65 

ment are, one may say, only incidental in his personal duties. 
The essentially important side of his functions is the prepara- 
tion of the budgets, the determination of future expenses, the 
selection of sources of revenue to be used or maintained; in 
addition, he has the duty of guarding the financial interests of 
the state and nation, especially in everything which concerns 
the monetary market, the organization of credit, and of fidu- 
ciary circulation. ' n 

During the first years under the constitution the Secretary 
of the Treasury in the United States was also in this sense a 
true finance minister. Hamilton, the first Secretary of the 
Treasury, was the director and real master of the financial 
policy of the United States government. Under his direction 
the credit of the United States was established, and the finances 
of the new government were placed on a sure foundation. But 
step by step this side of the functions of the Secretary of the 
Treasury has decreased. Congress has assumed the same 
power of initiative over financial legislation as over other leg- 
islation, and the Secretary of the Treasury is reduced to the 
supervision over the administration of the financial and other 
bureaus in the department of the Treasury. 

Control of financial policy belongs in fact to no one; it is 
divided and sub-divided between various standing committees 
of the Senate and the House of Representatives, while a few 
shreds of power are still retained by the Secretary of the Treas- 
ury. The latter official is directed to prepare plans for the 
improvement of the revenue and the support of public credit, 
and in his reports to Congress to submit estimates on the 
receipts and expenditures; but these plans and estimates, 
which in other countries would form the basis of the final 
budget, and in some countries would practically agree with the 
budget, have in this country almost no value or influence in the 
determination of either the expenditures or revenues. The 
Secretary's estimates of expenditures are systematically 
ignored, his proposals as to changes in the revenue laws are 

1 Dupriez, Les Ministres, II, 153. 



66 THE NATIONAL ADMINISTRATION 

hardly taken into consideration. So, too, with all other meas- 
ures connected with financial policy. The recommendations 
of the Secretary of the Treasury to guard against the financial 
dangers of a surplus accumulating in the treasury, on the regu- 
lation of banks and paper money have often less influence than 
those of single members on one of the financial committees of 
Congress. 

The duties of the Secretary of the Treasury correspond, not 
to those of the British chancellor of the exchequer, but rather 
to those of the permanent under-secretary of the British Treas- 
ury and those of the parliamentary secretary who has control 
over the patronage. His sole political function is in the selec- 
tion of the numerous subordinate officials in the various 
bureaus— the more important offices are filled by the President. 

Among the many administrative functions performed in the 
various bureaus of the Treasury department, the matters which 
receive the personal attention of the Secretary include: (1) 
supervision over the collection of customs and internal revenue, 
especially by the issue of regulations and instructions and the 
decision of appeals from the local collectors; (2) selection of 
depositories of public moneys and determination of the amount 
of the bonds of disbursing officials; (3) prescribing the forms 
for keeping and reporting accounts, and issuing warrants for 
money to be paid by the Treasury in pursuance of appropria- 
tions made by Congress; (4) making loans by the issue of 
bonds for the protection of the gold reserve or other purposes ; 
and (5) supervision over the miscellaneous bureaus ha the 
Treasury department. 

The most important Secretaries of the Treasury have been 
Hamilton (1789-1795), Gallatin (1801-1814), Chase (1861- 
1864), and Sherman (1877-1881). 

The Secretary of War, the head of the department of War, 
is ordinarily selected not from the army, but from civil life. 
Exceptions to this customary rule have been made in the cases 
of Secretaries Knox, Grant, Schofield and Sherman; but all 
of these except Schofield had also large experience in civil life 



THE CABINET AND ITS MEMBERS 67 

as well as their military training. This civil character of the 
Secretary of War is in marked contrast with the custom in 
European continental countries, where the war minister is 
always chosen from the highest army officers, and is thus the 
effective head of the army administration. In Great Britain, 
however, as in the United States, the secretary for the "War 
department is never a military officer ; and the attempt is made 
to bring the army distinctly under civil control. But in both 
of these countries there has been constant friction between the 
civil secretary and the military commander ; which it is hoped 
to obviate in this country through the operation of the new 
general staff. 

Owing to the development of some branches of civil adminis- 
tration in close relation to the army, the Secretary of War is 
practically also a secretary of public works and a secretary for 
the colonies. In connection with the army and military affairs, 
his duties are such as may be assigned by the President. He 
has immediate supervision over all estimates of appropriations 
for the expenses of the department and the army, and of all 
expenditures for the support and transportation of the army 
and for the civil expenses of the department of War. He has 
general supervision over the enlistment, lodging, support, 
instruction and payment of the troops, the distribution of arms 
and munitions of war, and the construction of fortifications. 
He issues orders for the movement of troops, prepares nomina- 
tions for the appointment and promotion of officers and issues 
commissions to those appointed. He has also supervision over 
the United States Military Academy at West Point, of the 
national military cemeteries, and of the publication of the 
Official Records of the War of the Rebellion. 

His duties corresponding to those of a secretary of public 
works are explained by the fact that the principal public works 
of the national government have been carried out by the engi- 
neer officers of the army. The Secretary of War has thus gen- 
eral charge over all river and harbor improvements, the estab- 
lishment of harbor lines, and the prevention of obstructions to 



68 THE NATIONAL ADMINISTRATION 

navigation, and his approval of the plans and location is neces- 
sary for the construction of bridges over navigable waters. 

Since the Spanish- American War the Secretary of War has 
had added to his duties the supervision over the civil adminis- 
tration in the new colonial possessions of the United States; 
and the officials in the Philippine Islands are under his general 
direction. 

The most noted Secretaries of War have been Stanton, in the 
time of the Civil War, and Root, who has established the new 
colonial administration and reorganized the system of army 
administration. 

The Postmaster-General has general supervision over the 
postal service ; and, under the four-year tenure rule which pre- 
vails for postmasters, his personal attention is given very 
largely to questions of patronage connected with the enormous 
number of appointments. On this account the position is often 
given to an active party manager, and only occasionally has it 
been filled by a man with large business experience, such as 
would be most likely to bring the postal service to the highest 
state of efficiency. 

In a slight degree the Attorney-General corresponds to a 
European minister of justice. Although he has no power of 
appointment or any effective control over the judges, he has a 
general supervision over the executive and administrative 
officers of the United States courts,— the marshals and district 
attorneys. He is also the legal adviser of the President and 
the executive departments; and the attorney for the govern- 
ment or public prosecutor in law suits to which the national 
government is a party. 

The Secretary of the Navy exercises similar functions in 
relation to the navy as does the Secretary of War in relation to 
the army. Under the direction of the President, he has gen- 
eral superintendence of construction, manning, armament, 
equipment and employment of vessels of war and the super- 
vision over the naval service. For this position the custom of 
making appointments from civil life has been even more 



THE CABINET AND ITS MEMBERS 69 

strictly observed than for the head of the department of War ; 
and there are no examples of a naval officer filling the post. 

The Secretary of the Interior bears very little resemblance to 
the ministers of the interior in European countries. These 
latter are charged specially with the maintenance of internal 
order, and the supervision over local governments, functions 
which in this country are for the most part in the domain of 
the state governments, while the limited range of national 
authority is exercised by the Secretary of State. The United 
States Secretary of the Interior has general supervision over a 
number of heterogeneous bureaus. The most important are 
those having charge of public lands, Indian affairs, patents, 
pensions, the geological survey, and educational information. 
Over the organized territories, however, the Secretary of the 
Interior has direct oversight. 

The Secretary of Agriculture has supervision over various 
bureaus, most of which are related to the agricultural interests 
of the country; and in this department all but three of the 
officers and employees are appointed by the Secretary. His 
work includes advisory relations to the agricultural experiment 
stations aided from the national treasury, the control over the 
import and export of cattle, the preservation and introduction 
of birds and animals, and the collection and diffusion of infor- 
mation on agricultural matters, in the most comprehensive 
sense of the term. 

The Secretary of Commerce and Labor is charged with pro- 
moting the commercial and industrial interests, bringing under 
general supervision a number of bureaus previously under 
other departments. His duties comprise the supervision of 
corporations (except railroads) engaged in inter-state business, 
the lighthouse service, the coast and geodetic survey, steam- 
boat inspection, jurisdiction over merchant vessels, the admin- 
istration of the immigration laws, commercial statistics, the 
census and labor statistics. 



CHAPTER V 

Administrative Organization 

References. — Goodnow: Comparative Administrative Law, I, 38-47, 127- 
133, 159-161; II, 1-100.— B. Wyman: Principles of the Administra- 
tive Law, chs, 5-8. — F. K. Mechem: The Law of Public Offices and 
Officers. 

Before taking up in detail the organization and functions of 
the various branches of the national administration, some 
attention may be given to the general principles of administra- 
tive organization applied throughout the national system. 

In the chapter on the Cabinet it has been seen that the larg- 
est units in the national administration are the executive 
departments. The historical development of the departments 
and the distribution of functions among them has also been 
noted, as well as the special duties of the heads of the depart- 
ments. 

All of the departments are further divided into a varying 
number of bureaus, each charged with some definite branch of 
the department work. In some cases such branches of a 
department are classed as offices, commissions, or, if compara- 
tively unimportant, as divisions. Bureaus, like departments, 
are established by statutes ; and the Attorney-General has held 
that they can be established only by act of Congress, and not 
by an administrative regulation of the executive. 1 

Bureaus are in turn often further subdivided into units 
known as divisions, although this term is also applied to some 
department subdivisions of the higher grade. The functions 
of divisions may be determined by a system of subject classi- 

1 10 Atty.-Gen. Opinions, 11. 
70 



ADMINISTRATIVE ORGANIZATION 71 

fication, as in the Patent Office, or simply by a geographical 
distribution, as in the Pension Bureau. 

Corresponding to this hierarchy of departmental subdivi- 
sions there is a similar hierarchy of officials. Each depart- 
ment head has one or more principal assistants, usually styled 
assistant secretaries. These receive salaries from $4,000 to 
$6,000 a year ; and their duties are determined not by statute, 
but by the assignment of the head of the department, and they 
may vary from time to time. 

A good deal of variety is displayed in the titles given to the 
chief officers of bureaus. In the more important bureaus they 
are usually called commissioners; and with these may be 
ranked the directors, comptrollers and the military and naval 
officers at the head of the bureaus in the departments of War 
and the Navy. All of these receive salaries varying from 
$4,000 to $6,000 a year. The heads of less important bureaus 
are usually called chiefs of bureaus ; and receive salaries from 
$2,000 to $4,000 a year. All of the bureau heads have definite 
statutory powers, and they are thus less completely under the 
control of the department heads than are the assistant secre- 
taries. 

Chiefs of divisions receive salaries from $2,000 to $3,000 a 
year. Each department and bureau has also a chief clerk who 
has the management of the staff of clerks and office assistants. 

In this administrative hierarchy of offices and officers, the 
general principle has been to place a single official in charge of 
each office. This rule is strictly observed in the nine Cabinet 
departments ; and is followed for the most part in the subordi- 
nate bureaus and divisions. But in a few cases in the latter 
group, and also in several of the bureaus not attached to the 
main departments, there are examples of board organization. 
Such, for example, are the Lighthouse Board, the Inter-State 
Commerce Commission, and the Civil Service Commission. 
The single-head regime is, however, the dominant characteristic 
of the national administration ; in striking contrast to state and 
municipal administration in the United States, where the board 



72 THE NATIONAL ADMINISTRATION 

system under an immense variety of forms is a marked feature. 

In addition to the various officers and employees at the cen- 
tral offices of the departments, bureaus and divisions in Wash- 
ington, all of the departments and many bureaus have corps of 
local agents throughout the country. These local officials of 
the national administration are all appointed either by the 
President and Senate or by the department secretaries. The 
United States national administration makes almost no use of 
state officers, or of officers of the minor local corporations; and 
in this respect offers a marked contrast to the administrative 
system of the German federation, where most of the local offi- 
cials for the conduct of imperial administration are appointed 
by the state governments. The local agents of the national 
government are also under the direct supervision and control 
of their superior officers in the various departments, a super- 
vision exercised by means of administrative regulations and 
appeals, and made effective by the visits of traveling inspectors 
or special agents from the central office of each department. 

As a result of these methods of appointment and control of 
local agents the United States national administration is thor- 
oughly centralized within each department, differing to the 
widest possible extent from the radically decentralized regime 
in state administration in this country. In one respect, how- 
ever, the organization of the national administration is less 
completely centralized than that of such a country as France : 
the various local agents of each department are entirely inde- 
pendent of each other ; and there are no district agents of the 
national government with general powers of supervision over 
all the local agents, such as the French prefects. There is also 
no national supervision over state officials or local officials and 
corporations created by the states. 

Appointments to office in the national administration, from 
the heads of departments to the least important local agent, 
seem to have been conferred, almost from the beginning of the 
government, largely on the basis of political allegiance. This 
patronage system, the fundamental basis for the later develop- 



ADMINISTRATIVE ORGANIZATION 73 

ment of the "spoils system/ ' is an old feature of all govern- 
ments ; and was introduced into the national government from 
the previously existing methods in the colonies and states. 
Even Washington laid down the rule that only those friendly 
to the government ought to receive the offices. 1 

At first appointments were made for no definite term ; and 
were considered as permanent, except in the case of heads of 
departments. But later the principle of rotation in office was 
introduced, by the four years' tenure rule and by arbitrary 
removals for political reasons. The development of these fea- 
tures in reference to presidential offices has already been noted, 
in connection with the powers of the President, 2 and the situa- 
tion in reference to less important offices, and even the subordi- 
nate class of employees, seems to have followed the same gen- 
ral course. Almost the whole administrative service of the 
national government came to be used mainly for partisan pur- 
poses. Not only were positions given as rewards for campaign 
service, but they were often given without any reference to 
ability or competence, and sometimes without reference to 
common honesty; while efficient and capable servants were 
displaced to make room for new appointments of this sort. 

In 1883 there was established a system of examinations for 
entrance to some positions ; and this has been developed until it 
includes most of the subordinate employees in the civil service. 
This system will be examined more closely in connection with 
the Civil Service Commission, which has it in charge. 3 But it 
must be noted that the presidential offices and most of the other 
offices, as distinguished from the employees, in the national 
administration are not directly affected by these new methods. 
Local officers, whether formally appointed by the President and 
Senate or by the head of a department, are in practice usually 
selected by Senators or Representatives in political harmony 
with the President ; and allegiance either to the party or to the 

a Lodge, Historical and Political Essays, p. 117. 
"See pp. 4, 14. 
'See eh. 17. 



74 THE NATIONAL ADMINISTRATION 

political interests of the selector is a fundamental requisite, to 
which qualifications of ability and character are made second- 
ary. In recent years, however, more attention is given than 
formerly to these secondary qualifications. 

It is of some importance to understand clearly the legal 
nature of an office, and to distinguish, as far as may be, the 
officers from the employees of the government. An office has 
been held to be * ' a public station or employment, conferred by 
the appointment of government. The term embraces the idea 
of tenure, duration, emolument and duties." 1 All of these 
characteristics do not seem to be essential, as, for example, 
there are unsalaried offices without emolument ; but the posses- 
sion of more than one of them seems to be necessary to consti- 
tute an office, and to make the incumbent an officer. " Al- 
though an office is an employment, it does not follow that every 
employment is an office. A man may certainly be employed 
under a contract express or implied to do an act or to perform 
a service without becoming an officer. ' ,2 In the United States 
national administration an officer can only be appointed by the 
President and Senate, by a court of law, or by the head of a de- 
partment ; and persons in the service of the government who 
derive their position from other sources are not officers in the 
sense of the Constitution. ' ,s 

Since public offices are created by law, and in this country 
are not considered as property, 4 there is no contract between 
the officer and the government ; and the latter may at any time 
modify the duties of any office; may (except in the cases 
prohibited in the constitution) change the salary and alter the 
term of service ; or may abolish the office. 5 

Some attention may also be given here to the general char- 

1 U. S. v. Hartwell, 6 Wallace, 385. 

8 C. J. Marshall in IT. S. v. Maurice, 2 Brock (C. C), 96. 

«U. S. v. Germaine, 99 U. S. 508; U. S. v. Mouat, 124 U. S. 303; U. 
S. v. Smith, 124 V. S. 525. 

•Bank v. Okely, 4 Wheaton, 244; Taylor v. Beckham, 178 U. S. 548, 576. 

•Butler v. Pennsylvania, 10 Howard, 402; Newton v. Com'rs, 100 IT. S. 
548, 559. 



ADMINISTRATIVE ORGANIZATION 75 

acteristics of the authority of public officers, as distinguished 
from the specific authority of particular officers discussed in 
other chapters. The authority conferred may be either minis- 
terial or discretionary. "A ministerial duty ... is one in 
respect to which nothing is left to discretion. It is a simple, 
definite duty, arising under conditions admitted or proved to 
exist, and imposed by law. ' n Such ministerial duties may be 
imposed by statute, or, in the case of subordinate officers, by 
executive regulations or the instructions of superior officials. 
Discretionary authority is of varying grades. A law may 
require an officer to act according to his discretion, making the 
duty to act imperative, but leaving the manner of acting to his 
judgment. Even in more general grants of discretionary 
power an officer's discretion is limited, by judicial construction, 
to the evident purposes of the law, and to what is known as a 
sound and legal discretion, excluding all arbitrary, capricious, 
inquisitorial and oppressive proceedings. 2 

Redress for misuse or neglect of official authority may be 
sought by administrative appeals or by legal proceedings in 
the judicial courts. In our state governments administrative 
appeals very seldom exist; but in the centralized national 
system such appeals from inferior to superior officers are 
recognized in almost every branch of the administration. 
These appeals are usually free from the technical procedure of 
the courts ; and in deciding them higher officials usually feel 
free not only to compel obedience to ministerial duties, but 
also to overrule unwise decisions of inferior officers within their 
field of discretionary action. 

Judicial proceedings against official action take a variety of 
forms. For many cases of misfeasance or malfeasance public 
officers are liable to criminal prosecutions. In other cases a 
remedy may be sought in a civil suit for damages. While in 
some matters the courts will issue the special writs of man- 
damus, injunction, certiorari, habeas corpus, and quo warranto. 

1 State v. Johnson, 4 Wallace, 475, 498. 

*TJ. S. v. Doherty, 27 Fed. Rep. 790; U. S. v. Kirby, 7 Wallace, 486. 



76 THE NATIONAL ADMINISTRATION 

In all such cases, however, the judges are much more careful 
not to attempt to control the legal discretion of officers than are 
superior administrative officers; and on that account judicial 
proceedings are not so frequent in the national government, 
where administrative appeals are freely provided, as in the 
state governments. 



CHAPTER VI 

The Department op State 

References. — Gaillard Hunt: The Department of State. — W. H. 
Michael: History of the Department of State. — E. Schuyler: Amer- 
ican Diplomacy, chs. 1-3. — A. B. Hart: Actual Government, pp. 430- 
445. — S. B. Crandall: Treaties, Their Making and Their Enforce- 
ment (Columbia University studies in Political Science, Vol. 21). 

Diplomatic and Consular Service 

Atlantic Monthly, 29:300; 74:241; 85:455, 669.— North American 
Review, 122:309; 156:461; 158:412; 159:711; 162:274; 169:349.— 
Political Science Quarterly, 13:19.— Century, 26:306; 38:268.— Forum, 
4:519; 6:486; 15:163; 22:673; 25:546, 702; 27:24; 30:28; 32:488.— 
American Historical Association, Report for 1898, p. 285. 

In the administrative organization of the United States 
national government, the department of State corresponds 
most closely to the department of Foreign Affairs in other gov- 
ernments. But the department of State is not exclusively 
charged with matters pertaining to foreign relations. It has 
also duties analogous to the keeper of the seal, and still others 
which correspond in a slight degree to those of a home depart- 
ment or department of the interior in European governments. 

The fact that relations with foreign countries were necessary 
was recognized early in our history. Even before the Revolu- 
tion several of the colonies maintained representatives in Eng- 
land who interested themselves in securing for their constitu- 
ents favorable legislation, commercial and otherwise, and 
secured protection to their fellow citizens who might be travel- 
ing abroad. In this character Franklin at one time repre- 
sented several colonies. With the advent of the Continental 
Congress the foreign relations of the colonies were entrusted to 
committees called the Secret Committee of Correspondence and 

77 



78 THE NATIONAL ADMINISTEATION 

the Committee of Foreign Affairs. Much of the inefficiency 
and inadequacy of this method was inherent in the plural 
organization. It has been demonstrated by experience in most 
modern countries that a department of foreign affairs, to be 
effective, must be vested in a single responsible head. The 
Congress also learned this lesson in time ; and in January, 1781, 
inaugurated measures for the establishment of a department of 
Foreign Affairs, and in the following August, Robert R. Liv- 
ingston of New York was chosen as the first Secretary. The 
office as constituted was, however, the creation of Congress, and 
it soon became evident that the title, ' ' Secretary of the United 
States of America for Foreign Affairs," was a misnomer and 
that the office could be more correctly termed "Secretary of 
Congress for Foreign Affairs/ ' In 1783 Livingston resigned 
and John Jay was appointed to succeed him. The latter con- 
tinued to hold the position until appointed by Washington 
Chief Justice of the Supreme Court under the constitution. 

After the adoption of the constitution, the first Congress 
quickly established a "Department of Foreign Affairs/ ' but 
not long afterward changed the designation to the "Depart- 
ment of State/ ' evidently with a view to placing under its 
supervision matters not concerned with foreign relations. It 
was then made custodian of the seal of the United States and 
charged with the promulgation of the laws. Later it was 
given charge of patents and copyrights, the census, and 
supervision of the territories. All these latter duties were, 
however, transferred to the department of the Interior in 1849. 

Under the Secretary of State, who has general supervision 
over the whole work of the department, there are an assistant 
secretary, a second and a third assistant secretaries, with sal- 
aries from $4,000 to $4,500, who are charged with the imme- 
diate supervision of all correspondence. A chief clerk has 
general oversight of the routine business, and the control over 
the clerks and employees. The work of the department is 
classified and assigned to six bureaus, each of which has a 
bureau chief and a force of clerks aggregating sixty in number, 



THE DEPARTMENT OF STATE 79 

and a few other employees, making a total of ninety persons in 
the Washington service of the department. This is much the 
smallest of the departmental services. 

The diplomatic bureau has charge of the correspondence 
with the diplomatic agents of the government, most of which 
is later published in the volumes of Foreign Kelations, which 
began in 1861. From the rulings laid down in this correspond- 
ence, the decisions of the United States courts and the opinions 
of the attorneys-general, there was prepared in 1886 a Digest 
of the International Law of the United States, by Francis 
Wharton, then solicitor of the department. 

The consular bureau has charge of the correspondence with 
consular agents. It also prepares the volume of Consular 
Regulations, first issued in 1855 and revised from time to time 
since that date. 

The bureau of indexes and archives opens, indexes and 
registers all correspondence of the department, prepares the 
annual volume of Foreign Relations, and preserves the official 
archives of the department. 

The bureau of rolls and library has charge of the promul- 
gation and custody of the statutes and treaties of the United 
States, and of executive proclamations, orders and announce- 
ments; and also has the care of the Revolutionary archives, 
other manuscript papers and the records of international com- 
missions. This bureau also has charge of the department 
library. 

The bureau of accounts has the supervision and record of 
all moneys received and disbursed by the department, includ- 
ing the accounts of the department staff, of the diplomatic and 
consular service, and of international indemnities or trust 
funds. It also has charge of the issue of passports. 

The bureau of appointments has charge of applications and 
recommendations for offices under the department; and also 
prepares exequaturs and warrants of extradition. 

In 1903 the bureau of foreign commerce of the department 



80 THE NATIONAL ADMINISTRATION 

of State was transferred to the newly created department of 
Commerce and Labor. 

Besides these permanent bureaus, various special and tem- 
porary commissions dealing with international affairs are 
appointed from time to time, which are connected with the 
department of State. Such are the Reciprocity Commission, 
the Louisiana Purchase Exposition Commission, the United 
States and Mexico Water Boundary Commission, and the Inter- 
national Prison Commission. 

The tenure of office in the department of State has been 
much more permanent than in any other department. This 
was true of the clerks and bureau chiefs even before the estab- 
lishment of the civil service examinations; while even the 
assistant Secretaries of State have usually been selected by 
promotion and have retained their offices despite political 
changes in the presidency. William Hunter was assistant 
Secretary of State for over fifty years. Another assistant 
Secretary, A. A. Adee, was first appointed to the diplomatic 
service in 1870, has been in the department of State since 1877, 
and has held his present position since 1886. 

It is not sufficient for the satisfactory management of foreign 
relations to have a department of foreign affairs, but every 
organized government has found it necessary to maintain offi- 
cial representatives in other countries. Before the develop- 
ment of postal and telegraphic communication, such agents 
were absolutely essential to the conduct of any negotiations 
between two governments ; and even under present conditions 
there are so many matters which can be so much better 
arranged by personal discussion than by correspondence that 
the tendency has been to increase rather than to decrease the 
staff of agents sent abroad. 

Such agents are now divided into two distinct branches : the 
diplomatic service and the consular service ; the former dealing 
with the relations of one government to another, and the latter 
mainly with the interests of citizens of one or both govern- 
ments, usually in commercial matters. Like other countries, 



THE DEPARTMENT OF STATE 81 

the United States has both a diplomatic service and a consular 
service, both of which must be now examined. 

THE DIPLOMATIC SERVICE 

During the Middle Ages consular officials often exercised 
functions now considered as diplomatic. But with the devel- 
opment of diplomacy, special agents were used for the nego- 
tiation of treaties, and gradually the present system of 
diplomatic officials was established. For some time there was 
no general custom determining the rank and authority of 
different diplomatic agents; but the Congress of Vienna in 
1815 adopted certain rules, which, as amended in 1818, have 
been followed in all other countries and have been formally 
accepted by the United States. 1 Under these rules, there are 
now four classes of diplomatic agents, ranking as follows: 
First, ambassadors, legates, or nuncios; second, envoys, or 
ministers plenipotentiary; third, ministers resident; and 
fourth, charges d'affaires. The first three classes of agents are 
accredited to the chief executive of a foreign government ; the 
fourth class are accredited only to the minister or secretary of 
foreign affairs. Formerly ambassadors were considered as the 
personal representatives of the chief executive and had the 
special right to conduct negotiations in person with the chief 
executive of the country to which they were accredited. But 
in recent practice, all official negotiations are carried on 
through the minister of foreign affairs, and ambassadors differ 
from other ministers only in rank and social precedence. 

The first American diplomatic agent was Silas Deane, sent in 
1776 as an envoy of the revolting colonies to secure assistance 
from France. Later Franklin and others were also sent as 
temporary envoys; and after the capture of Yorktown, Jay, 
Adams, Franklin and Laurens were appointed agents to nego- 
tiate the treaty of peace. The first permanent envoy was 
Thomas Jefferson, Minister to France during the latter years 
of the Confederation. Even after the establishment of the gov- 

1 Schuyler, American Diplomacy, 107. 



82 THE NATIONAL ADMINISTRATION 

ernment under the constitution, the diplomatic service devel- 
oped slowly. In 1790 a charge d'affaires was sent to Spain, 
and in 1792 a minister to Great Britain. The first minister to 
Russia was John Quincy Adams in 1809 ; and none was sent to 
Austria-Hungary until 1838. By 1886 there were in the diplo- 
matic service of the United States fifteen envoys extraordinary 
and ministers plenipotentiary, sixteen ministers resident, one 
charge d'affaires and one diplomatic agent. Opposition to 
official recognition to social distinctions prevented the creation 
of ambassadors, to the advantage of our representatives in the 
principal countries in Europe ; but in 1893 the highest class of 
diplomatic offices was established. 

At present the United States has seven ambassadors— to 
Great Britain, France, Germany, Russia, Italy, Austria-Hun- 
gary and Mexico— each of these countries sending an ambas- 
sador to the United States. There are further envoys 
extraordinary and ministers plenipotentiary accredited to 
thirty-four governments, and also one minister resident, two 
diplomatic agents and one charge d'affaires. Among these, 
however, six officials are accredited to more than one govern- 
ment. One man serves as envoy to Greece, Roumania and 
Servia ; and at the same time is diplomatic agent at Bulgaria. 
Thus the forty-five posts are filled by thirty-six officers. These 
officers give the United States a diplomatic representative to 
every government of Europe, except Montenegro and some 
almost infinitesimal states, to every American government and 
to those governments of Asia and Africa with which the United 
States has any relations. 

Most of the diplomatic agencies have, in addition to the prin- 
cipal officer, one or more secretaries of legation, who may also 
act as charge d'affaires in the absence of the minister. The 
most important offices have three secretaries; a number of 
others have two ; and there are all together fifty-one secretaries 
at thirty-six agencies. At the most important agencies there is 
a military or naval officer assigned as an attache ; and in some 
cases both a militarv and naval attache. In China there are 



THE DEPAETMENT OF STATE 83 

eight student interpreters ; and in each of the five other Asiatio 
countries to which we send a minister there is an interpreter. 
The total number of persons in the diplomatic service is one 
hundred and seventeen. 

Besides the permanent diplomatic service, special commis- 
sioners are often appointed to negotiate a treaty or for some 
other particular purpose. Such were the delegates to The 
Hague conference on arbitration, and the members of the 
recent Alaskan boundary commission. 

The diplomatic officials are appointed by the President with 
the advice and consent of the Senate. No special qualifications 
are formally required, either as to their command of foreign 
languages or their acquaintance with international law and 
diplomatic usages. After appointment a minister is allowed 
not more than thirty days with salary to acquaint himself with 
the instructions of the department of State. Appointments are 
for no fixed term ; but after a change in party control of the 
presidency there is an almost complete change made at once in 
the personnel of the diplomatic service ; while even apart from 
any political change the tenure of diplomatic officials is seldom 
more than a few years. The only case of a United States min- 
ister to an important country serving for a long period is 
George P. Marsh, who was minister to Italy from 1861 to 1882. 

Of the thirty-six diplomatic agents of the United States in 
office in September, 1903, twenty-five had first entered the 
service after March, 1897 ; while of the eleven first appointed 
before that date, seven had been out of office for some time 
after their first appointment. Only four of these officials had 
been first appointed under a democratic administration; and 
only one began his diplomatic career earlier than 1890. The 
single exception is W. W. Thomas, minister to Sweden, who 
was first appointed to that post in 1883, was retired in 1885, 
reappointed in 1889, again retired in 1894, and reappointed 
for the third time in 1897. 

No more permanent are the secretaries of legation. Forty- 
out of the fifty-one began their diplomatic service after 



84 THE NATIONAL ADMINISTEATION 

March, 1897 ; while five of the other nine had been retired for 
some years between their first appointment and their present 
commission. Only five of the total number were first ap- 
pointed under a democratic administration; and only three 
entered the service before 1890. Henry Vignaud, now secre- 
tary of the legation at Paris, has been continuously in the 
diplomatic service since 1875. Henry White, secretary of 
legation at London, was first appointed in 1883, but was retired 
from 1893 to 1897 ; and Richard R. Neill has been secretary of 
legation at Lima, Peru, since 1884. 1 

Under President Roosevelt, some steps have been taken 
towards giving the diplomatic service a more permanent basis. 
Recent vacancies in the higher posts have been filled by trans- 
fer and promotion from less important positions in the service. 
But in the event of another party change in the presidency the 
fact that the diplomatic offices are now filled almost entirely by 
one party would no doubt be made an excuse for a new set of 
appointees. 

In other countries the diplomatic service is considered a 
special and permanent career. Entrance to it requires knowl- 
edge of both French and English, and often of other languages, 
while in France at least a period of special training in inter- 
national law and diplomacy is also demanded. Diplomatic 
agents are frequently changed from place to place,— Lord 
Pauncefote's service of fourteen years as British ambassador 
at Washington was very exceptional. But in all important 
European countries changes do not ordinarily mean removal 
from the service, but transfer from one country to another, 
usually by way of promotion to fill vacancies caused by death 
or retirement. 

In spite of the inefficient methods of recruiting and main- 
taining the diplomatic service, the most important places have 
usually been filled by men of character and ability. A num- 
ber of ministers to foreign countries later became Presidents, 
as John Adams, Jefferson, Monroe, John Quincy Adams, Van 

1 Cf. Summary of Finance and Commerce, September, 1903. 



THE DEPAETMENT OF STATE 85 

Buren and Buchanan. Others have been important Cabinet 
secretaries, as Gallatin, Bancroft, Cass, Bayard and Hay. 
Many of the best known American authors have also filled 
important diplomatic posts, and their life abroad has added to 
the value of American literature, but it may be doubted 
whether these appointments have been most effective in diplo- 
matic negotiations. There can also be little question that our 
diplomatic service can be made much stronger if the posts were 
filled by men versed in diplomatic affairs rather than by those 
who secure the places simply for the sake of the salary or for 
a few years ' vacation in a foreign country. 

Salaries and allowances to United States ministers are much 
below those paid by other governments. They range from 
$17,500 to $4,000 ; while the large European powers pay their 
principal ambassadors from $40,000 to $50,000, and in addi- 
tion maintain a legation house. An American ambassador 
must spend a great deal more than his salary to maintain the 
dignity of his position. Secretaries of legation receive from 
$1,600 to $2,625, and the low maximum may well have some- 
thing to do with the frequent changes of personnel in this 
branch of the service. 

THE CONSULAR SERVICE 

The origin of the consular service of modern governments 
can be traced to commercial magistrates of ancient times hav- 
ing jurisdiction over seamen, vessels and merchandise. The 
modern system, however, may be said to begin with the estab- 
lishment of commercial agents in the East by the Italian mer- 
chants during the revival of commerce which accompanied and 
followed the crusades ; and the old Roman title of consul, which 
had descended to the municipal magistrates of the south Euro- 
pean towns, was easily transferred to the new officials. The 
right of appointing these consuls soon passed from the mer- 
chants to the governments of the Italian cities. The Hansa 
towns, England and later France inaugurated a similar sys- 
tem, which has now become general in all civilized govern-* 
ments. 



86 THE NATIONAL ADMINISTEATION 

As early as 1780 a consul to France was appointed by the 
Continental Congress j 1 and after the establishment of the new 
government under the constitution, Washington appointed a 
number of consuls without any statutory organization of the 
service. In 1792 Congress passed a law recognizing the service 
and imposing certain duties on consular officers. The service 
continued to develop without any systematic regulation until 
1856. An act of that year fixed salaries and prohibited the 
consuls at important posts from engaging in trade on their own 
account. In 1864 a body of consular clerks was established, 
with the intention of recruiting the service from their ranks; 
but this intention has never been effectively carried out. 

At the present time (1903) the United States has 324 con- 
sular offices in all parts of the world; and about 750 persons 
employed in the consular service. The consular offices are 
grouped in three schedules: schedule B includes the offices 
whose incumbents are salaried and are not permitted to engage 
in trade, of which there are 48 consulates general, 210 con- 
sulates and 10 commercial agencies; schedule C includes 8 
consulates and commercial agencies, whose incumbents receive 
small fixed salaries, but are at the same time allowed to engage 
in business ; and the third schedule includes 34 consulates and 
20 commercial agencies, whose incumbents are paid altogether 
by fees and are allowed to engage in business. 

There are ten grades of consular officers, ranking in the fol- 
lowing order: Consuls general, vice consuls general, deputy 
consuls general, consuls, vice consuls, deputy consuls, com- 
mercial agents, vice commercial agents, deputy commercial 
agents and consular agents. There are also, in subordinate 
positions, consular clerks, interpreters, marshals and clerks at 
consulates. Some of the consular officers in the United States 
service occupy somewhat different positions from that occupied 
by officials of other countries with the same title. Consuls gen- 
eral, who are sent to the capital of each country, are not merely 
higher in rank, but have a general supervision over all other 
1 Political Science Quarterly, XIII, 27. 



THE DEPABTMENT OF STATE 87 

consular officers in the country. Vice and deputy consuls are 
seldom placed in charge of an independent office; but are 
usually assigned to offices in charge of a consul, and are for the 
most part honorary positions with no salaries. Commercial 
agents are often appointed to posts where other governments 
appoint a vice consul or deputy consul and the inferior title 
of the American official sometimes acts as a handicap. 

The functions of consuls are of a varied and miscellaneous 
character, which demand for their successful performance a 
wide range of ability and experience. While most of their 
time is taken up with questions concerning individual Amer- 
ican citizens, they have also certain duties as agents of the 
national government. To some extent they are charged with 
watching the execution of treaties, particularly those confer- 
ring rights and privileges on American citizens, and must 
report any infringement of such treaties. They also observe 
and report the movement of naval forces on the coast near the 
port at which they are stationed. In time of war these duties 
become of increased importance, whether in protecting the 
rights of Americans as neutrals, or in preventing assistance 
being given to an enemy of the United States. They may also 
be called on to purchase coal and other supplies for the United 
States as an aid to military or naval operations. 

In peaceful times and in most civilized countries, the consuls 
act for the most part as commercial officials. They give aid 
and advice to the merchant vessels of the United States and to 
American seamen in distress, assisting many of the latter to 
return to the United States. They settle disputes between 
captains and seamen and investigate shipwrecks of American 
vessels. They must also keep informed of developments in 
commerce and manufactures within their district, and report 
on conditions which may affect the commercial opportunities of 
the United States. American consuls have laid on them the 
special duty of verifying invoices of goods shipped to the 
United States and inspecting the manifests of vessels bound to 
this country, as a means of enforcing the tariff laws. 



88 THE NATIONAL ADMINISTEATION 

Closely related to these commercial functions is the duty of 
reporting on epidemic diseases or other sanitary conditions 
which might lead to the introduction of some contagious dis- 
ease into the United States. 

Consuls are also to no little extent judicial officers. Every- 
where they act as probate judges and public administrators on 
the estates of deceased Americans leaving property within their 
district. At all ports, too, they exercise a sort of police juris- 
diction over offenses committed on American vessels on the 
high seas. In most of the Asiatic countries their judicial 
powers are much more extensive. By treaties with China, 
Turkey and the other Eastern powers, American consuls have 
a general criminal jurisdiction over United States citizens 
charged with committing crime in these countries, and also a 
civil jurisdiction in cases where a United States citizen is a 
party to a suit. In these countries, consuls also perform mar- 
riages and grant divorces. These special judicial powers in 
Eastern countries are similar to those possessed by consuls of 
the European governments ; but the American consular juris- 
diction and procedure is not well systematized. The only 
appeals provided for are from the consular courts in China to 
the United States Circuit Court in California. 

Besides the duties imposed by statutes and regulations, con- 
suls are called on for various social functions. They are ex- 
pected to welcome American travelers, to assist those in any 
distress, and to give special attention to the more distinguished 
visitors. They have also social duties towards the local officials 
and important residents of their district, which if creditably 
performed may serve to add greatly to their influence as com- 
mercial officials. 

Consuls at all the more important posts receive fixed salaries, 
ranging from $1,000 to $5,000, but there are only a few 
posts where the salary is over $3,500, as at London, Liverpool, 
Paris, Berlin, Melbourne, Calcutta, Rio de Janeiro, Mexico and 
Yokohama. The maximum salaries are much smaller than 
those paid by the other important commercial nations, which 



THE DEPARTMENT OF STATE 89 

pay their principal consuls from $10,000 to $15,000 a year. 
But the American consuls also receive certain fees, which at 
some posts add very materially to their income. At London 
the fees add $35,000 a year, and at Paris $20,000. What are 
known as official fees go directly to the government ; but there 
are also notarial fees and other payments received by the con- 
suls for special services to private individuals,— such as admin- 
istering an estate,— which they retain. The unsalaried con- 
sular officers retain official as well as unofficial fees, and are 
paid altogether in this way. 

Consuls are appointed by the President and Senate, and 
places of financial importance have in most cases been given as 
rewards for party services. Before 1895 there were no quali- 
fications or restrictions whatever; but in that year President 
Cleveland issued an executive order, which marks the first step 
in the direction of a more efficient service. This order pro- 
vided that consulates paying salaries between $1,000 and 
$2,500 should be filled in one of three ways : first, by transfer 
or promotion from other positions under the department of 
State ; second, by the reappointment of a person who had been 
in the service at some previous time; and third, by appoint- 
ment after an examination of candidates held by the depart- 
ment of State. But the examination is neither competitive nor 
open to all comers; the President selects the candidates and 
there is usually no competition. Hence the examination is but 
a mere formality, although opening a way for the future 
development of an effective system. Appointments to more 
important posts by promotions from the lower posts have been 
more frequent during the last few years. 

No definite term is fixed for consular officers, but, as in the 
diplomatic service, every party change in the presidential office 
is followed by sweeping changes in the personnel of the con- 
sular service, substituting inexperienced and often incom- 
petent officers for those who have gained some knowledge of 
and practice in their duties. At first sight, the records of the 
stan 6 now in office (1903) seem to indicate a much larger pro- 



90 THE NATIONAL ADMINISTEATION 

portion of officers who have been in the service for a consider- 
able time than is the case in the diplomatic service. There are 
nearly 200 consular officials whose first appointment was made 
before 1897. But closer examination shows that these are 
mostly officers in the unprofitable positions of vice and deputy 
consuls and commercial agents; while the posts which pay a 
comfortable salary have for the most part been filled since 
1897. 

Some of the exceptional cases may be noted. Perhaps the 
most significant is that of Consul-General Mason at Berlin, who 
was appointed as consul at Basel in 1880, has since served at 
Marseilles and Frankfort, and finally was promoted to his pres- 
ent post in 1898. He is the only consular officer with a salary 
of over $3,500 whose first appointment was made before 1897. 
Consul Fowler at Chefoo, a $3,000 post, entered the service in 
1890; Consul Roosevelt at Brussels has been in the service 
since 1878 ; the consul at Nassau, N. P., was appointed in 1877 ; 
the consul at Maracaibo has been at that post since 1878 ; the 
consul at Bristol first entered the service in 1882 ; and the con- 
sul at Messina in 1889. But as yet such cases are notable 
exceptions, which illustrate what should become the general 
rule. 

A small group of permanent attaches of the consular service 
are the consular clerks, authorized by the statute of 1864. 
These may be removed only for cause reported to Congress. 
Several of these clerks also hold honorary positions as vice- 
consuls, but the original purpose of using these posts as a 
means of training experts for the important salaried posts has 
never been fulfilled. 

In other countries, the consular service, like the diplomatic 
service, is considered a permanent career, entrance to which is 
secured only after giving proof of special qualifications for the 
duties to be performed. In France the whole service is effect- 
ively guarded against incompetent officials. In Great Britain 
some qualifications are required from all appointees; and for 
the service in Eastern countries a rigid system of special train- 



THE DEPAETMENT OF STATE 91 

ing is insisted on, with particular reference to the judicial 
duties so important at these posts. 

One feature of the American methods which has been criti- 
cized is the custom of appointing naturalized citizens as con- 
suls to the country of their birth. This probably has the one 
advantage of securing some officials who can speak the language 
of the country to which they go. But it often happens that 
these naturalized Americans are unsuited to act effectively as 
the representatives of the United States in such communities, 
owing to their former political or social relations. 

Various attempts have been made to secure a reorganization 
of the consular service, both from within the government and 
from mercantile organizations interested in an efficient service. 
But as yet these attempts have failed of success. 



CHAPTER VII 

The Department of the Treasury— I 

References. — D. E. Dewey: Financial History of the United States, ch. 
21. — H. C. Adams: The Science of Finance, pp. 194-201. — Robert 
Mayo: The Treasury Department and Its Various Fiscal Bureaus 
(1847). — Harper's Monthly, 44:481. — Scribner's Magazine, 5:657; 
33:400.— Cosmopolitan, 25:355.— Senate Reports, 1888, No. 507 
(50th Congress, 1st session), Vols. 1-3. 

Customs Administration 
Customs Regulations of the United States. — J. D. Goss: The History 
of Tariff Administration in the United States (Columbia University 
Studies in Political Science, Vol. 1). — A. S. Bolles: The Financial His- 
tory of the United States, II, 486-501 ; III, 489-522.— Political Science 
Quarterly, 1:36; 2:265; 13:273.— North American Review, 158:222.— 
American Social Science Journal, 9:132. — American Law Review, 2:653. 
—Harper's Monthly, 69:38; 73 : 909.— Forum, 29:54.— Journal of Polit- 
ical Economy, 3 :39. — Cassier's Magazine, 15 : 373. — United Service, 2 :454, 
579; 3:38-380. 

Internal Revenue Administration 
F. C. Howe: Taxation and Taxes in the United States, ch. 7. — Senate 
Executive Documents, 37th Congress, 3d session, No. 20. — House Reports, 
49th Congress, 1st session, Vol. 11, No. 3209. — American Law Review, 
2 : 240.— Chautauquan, 16 : 288. 

In the main the department of the Treasury has to do with 
the finances of the government and the government control 
over the currency ; but in the past many other matters in no 
ways related to either of these have been assigned to this depart- 
ment, and a few miscellaneous bureaus of this sort are still 
attached to it. Before taking up in detail the different services 
connected with this department, it will be of interest to trace 
the beginnings of a financial system during the Revolutionary 
War and the development of the department as a whole since 
the adoption of the constitution. 

92 



THE DEPARTMENT OF THE TREASURY— I 93 

In this most difficult branch of government, the administra- 
tion of finances, the colonies had had only the most primitive 
experience, and had never required any elaborate organization 
of officials. When, in 1775, the Continental Congress found 
itself with $3,000,000 in promises to pay, it appointed in July 
of that year two treasurers to receive, safeguard and pay out 
the funds for the prosecution of the war. In September of the 
same year a committee of claims was established to examine 
and report on claims against the Congress. These preliminary 
measures were followed on February 17, 1776, by the formation 
of the germ of the Treasury department. A standing com- 
mittee of five members of Congress was appointed to super- 
intend the minor officials and also to act as a modern committee 
on ways and means. On April 1, 1776, a new office was estab- 
lished—the Treasury office of accounts— with an auditor- 
general at its head, to examine and audit accounts. Disputed 
bills continued for a short time to go to the committee on 
claims, but in July their work was turned over to the Treasury 
board. 

With the increase of financial business caused by enlarged 
military operations and the borrowing of funds, additional 
machinery was required; and special committees were fre- 
quently appointed to assist the Treasury officials, and changes 
were also made in the membership of the Treasury board. In 
August, 1778, a standing committee on finance was established, 
of which Robert Morris was made chairman. On September 
26, 1778, the entire system was remodeled. Provision was 
made for a comptroller, auditor, treasurer and two chambers of 
accounts of three members each— all these officials to be ap- 
pointed annually by Congress. The Treasury office of accounts 
was superseded by these new officials, but the Treasury board 
was retained. July 30, 1779, the Treasury board was reorgan- 
ized, the new board consisting of two delegates in Congress and 
three commissioners not members, all to be chosen annually by 
Congress. 

This system of boards, which had been adopted not only for 



94 THE NATIONAL ADMINISTEATION 

the financial administration, but for all the other administra- 
tive divisions— the army, the navy, and foreign affairs— was 
probably adapted from the existing British authorities. All 
of the boards or committees were constantly shifting in 
membership, while petty jealousies and local prejudices hin- 
dered and opposed action, so that even where decisive action 
was most essential there was only hesitancy and delay. There 
were constant complaints against the several boards and several 
investigations; the demand for an improved system became 
general, and after long discussion early in 1781 provision was 
made for single heads for the four most important departments 
of Foreign Affairs, Finance, the Army, and the Navy. 

On February 20, 1781, Kobert Morris was elected Superin- 
tendent of Finances, and in September of that year, a new 
plan being arranged, the old Treasury board went out of exist- 
ence, and other offices in the previous financial system were 
replaced by a comptroller, treasurer, register, auditors and 
clerks. The failure of the attempt to establish a system of 
taxation led to Morris' resignation (November, 1784) ; and on 
this a new Treasury board of three members was constituted, 
which continued in existence during the remaining years of 
the Confederation. During all of this period there were no 
taxes levied by the Congress, and no local machinery of assess- 
ors and collectors under the control of the central government. 
The funds of Congress were those received by loans and on 
requisitions on the states. The latter had complete control of 
all the machinery of tax administration for both direct and 
indirect taxes. 

In the first Congress under the constitution there was some 
attempt to continue the board system for the Finance depart- 
ment ; but this was not successful, and a single Secretary of the 
Treasury was provided, with subordinate officers similar to 
those which had existed under the Articles of Confederation. 
But in the act organizing the Treasury department there were 
significant omissions of the qualifying word ' ' executive, ' ' and 
of all reference to the dependence of the Secretary of the Treas- 



THE DEPARTMENT OF THE TREASURY— I 95 

ury upon the President. It seems evident that the object of 
this was to make the Secretary of the Treasury more dependent 
on Congress ; but the action of President Jackson in the removal 
of the deposits in 1833 established the President's authority 
over this officer as fully as over any other. 

Under Hamilton, the first Secretary of the Treasury, a sys- 
tem of customs taxation with a corps of national customs offi- 
cials was established in 1789. In 1792 internal taxes were laid 
by the national government; and for their administration a 
staff of internal revenue collectors under the general control of 
a commissioner of the revenue was established. This internal 
revenue service disappeared with the abolition of internal taxes 
in 1802 ; it was reestablished in 1813, again abolished in 1817. 
and once more reestablished in 1862. 

Originally the Post-Office constituted a bureau in the Treas- 
ury department, and it remained in this relation until estab- 
lished as a separate department in 1829. In 1812 a general 
land office was created in the Treasury department, where it 
continued until transferred to the new department of the 
Interior in 1849. In 1846 the independent Treasury was defin- 
itively organized. In 1862 the office of the comptroller of the 
currency was established in the department of the Treasury, in 
connection with the new system of national banks then author- 
ized. Besides changes and reorganizations within the various 
bureaus and offices mentioned, other bureaus and subdivisions 
were created in the Treasury department from time to time, 
many of which had no special relation to finance administra- 
tion. The Treasury department seemed to be a sort of dump- 
ing ground for any bureau which did not clearly belong to one 
of the existing departments. Many of these non-financial 
bureaus dealt with commercial interests, and when in 1903 a 
department of Commerce and Labor was established, most of 
them were transferred to that department. 

Even after these recent transfers the scope of the Treasury 
department is still wide and varied, and its internal organiza- 
tion more complex than that of any other department. The 



96 THE NATIONAL ADMINISTRATION 

general scope of its functions may be indicated by the following 
outline of the order in which the different branches will be dis- 
cussed. 

1. The office of the Secretary of the Treasury, including the 

three assistant secretaries and their immediate subordi- 
nates ; 

2. Kevenue administration, including the customs service 

and the internal revenue service ; 

3. The treasury, in the stricter sense of the word ; 

4. Auditing and accounting bureaus ; 

5. Currency and banking bureaus ; and 

6. Miscellaneous bureaus, including the life saving service, 

the public health and marine hospital service, the super- 
vising architect and the bureau of engraving and 
printing. 
While all of these branches of the national administration 
are organized within the department of the Treasury, there is a 
wide variety in the degree of active supervision exercised over 
different services by the chief officers of the department. The 
various services may be roughly grouped into three classes, 
from this point of view. In one group may be placed those 
special services whose, chief officers are almost independent of 
the Secretary of the Treasury. This includes the Comptroller 
of the Treasury, the Commissioner of Internal Kevenue, the 
Treasurer of the United States, and the Comptroller of the 
Currency. In a second group may be placed the miscellaneous 
non-financial bureaus, the heads of which, while acting in a 
large measure independently, are still under the general super- 
vision of the Secretary of the Treasury, and the three assistant 
secretaries. In the third group are the services most closely 
controlled by the highest officials of the Treasury department, 
the special official assigned to each of these services being 
merely a chief of division in the secretary's office. This in- 
cludes the customs and revenue cutter services and the admin- 
istration of loans and currency laws. 

The most important officials under the immediate direction 



THE DEPAETMENT OF THE TEEASUEY— I 97 

of the Secretary of the Treasury are the three assistant secre- 
taries, to each of whom is assigned the general direction of 
certain divisions in the secretary's office and the supervision 
over some of the partially independent bureaus. The division 
of labor between the different assistant secretaries is not per- 
manently fixed by statute, and is changed from time to time 
according to the personal qualities of those who fill these posi- 
tions. There is no distinction in rank between the three assist- 
ant secretaries, and all receive the same salary, of $4,500 a year. 
One of them may, however, be authorized to sign warrants for 
the receipt and disbursement of moneys in place of the secre- 
tary, and empowered to act— in the absence of the secretary — 
as the head of the department ; and he might be designated in a 
special sense as the deputy secretary. 

A chief clerk has general charge over the office staff, which is 
organized into ten divisions, dealing with appointments, book- 
keeping and warrants, public moneys, customs, the revenue 
cutter service, stationery, loans and currency, mails and files, 
special agents, and miscellaneous matters. 

CUSTOMS ADMINISTRATION 

From the establishment of the government under the consti- 
tution of 1787 the main source of revenue has usually been the 
customs duties on imported goods. This was the principal 
source of income, and, except during the War of 1812, almost 
the only source until 1863, when heavy internal revenue taxes 
were laid on account of the war expenditures. From 1864 to 
1868 the internal revenue was larger than the customs, and 
since then has constituted a very important part of the govern- 
ment income. After 1868, however, the customs continued to 
exceed the internal revenue, except in 1894, and from 1898 to 
1902. 

The revenue received from customs has shown a great in- 
crease with the development of the country and of government 
expenditures. Beginning at about $4,000,000 in 1791, there 
was a fairly steady increase, with slight additions to the tariff 
7 



98 THE NATIONAL ADMINISTEATION 

rates, until 1808, when the customs revenue was $16,363,000. 
The restrictive measures on trade and the war with Great 
Britain cut down the amount from 1808 to 1815. After the 
war, the sudden increase of imports increased the revenue to 
$36,000,000 in 1816; a new tariff and a depression in trade 
reduced it to $17,000,000 in 1819. Then followed a long period 
of frequent changes in the tariff laws and minor fluctuations in 
customs revenue, ending in 1847 with receipts of $23,000,000. 
Under the Walker tariff act of 1846, importations increased 
and customs receipts rose as high as $64,000,000 in 1856 and 
1857, falling considerably below this amount after the panic of 
the latter year. 

The Morrill tariff act of 1861 increased duties, and further 
large increases rapidly followed on account of the Civil War. 
The revenue from customs rose materially, at once, and when 
trade revived after the war reached a maximum of $179,000,000 
in 1866. Since then has been another period of minor changes 
in tariffs and fluctuating trade conditions, causing the irregular 
rise and fall of customs revenue. The minimum of $130,000,- 
000 was reached in 1878, and almost equalled in 1894; the 
highest figures have been $229,000,000 in 1890 and $284,000,000 
in 1903. 

While the tariff schedules impose a complicated mass of 
detailed duties on all sorts of commodities, the bulk of the rev- 
enue to the government is derived from the duties on a very 
small number of these. Under the present law, nearly a fourth 
of the total customs revenue is derived from the duties on 
sugar, which amounted in the aggregate in the year ending 
June 30, 1903, to $63,000,000. In the same year the duties on 
wool and woolens amounted to $28,000,000 ; on cotton goods, to 
$11,000,000 ; on silks, to $17,000,000 ; on linens, to $14,000,000 ; 
and on tobacco to $22,000,000. Duties on these articles were 
more than 50 per cent, of the total customs revenue. Before 
1890 the duties on iron and steel were one of the most impor- 
tant sources of revenue, often exceeding $20,000,000 a year, 



THE DEPARTMENT OF THE TREASURY— I 9$ 

but with the vast development of domestic production the 
imports in this line have fallen off very markedly. 

To collect this vast revenue necessitates a complex machinery 
of officials, which has been developed by means of a series of 
customs administration acts, passed from time to time. The 
first act, passed in 1789, provided a customs service modelled 
after that organized in New York state under a law of 1784, 
and the main principles of this organization are still in effect. 
It divided the country into collection districts, and provided 
for officers known as collectors, deputy collectors, naval officers, 
and surveyors, and also for subordinate employees under the 
titles of weighers, measurers, gaugers, and inspectors. A law 
of 1799 rearranged the collection districts, and further changes 
in such districts have been made from time to time by statute. 
In 1846 the bonded warehouse system was established. In 
1851 a board of appraisers was established, which received 
additional powers and larger importance in 1890. In 1870 the 
fee system for paying customs officials was abolished; and in 
the same year a corps of special agents of the Treasury depart- 
ment was established, to enable the department to maintain 
effective supervision over the local offices. In addition to the 
congressional statutes regulating the machinery of customs 
collection, there are many administrative regulations govern- 
ing the duties of the officials, issued by the President and the 
Secretary of the Treasury. 

In the various collection districts into which the country is 
divided there are now 128 ports of entry, on the borders of the 
country, mostly along the seaboard, at one of which any im- 
ported goods must be entered. There are also 31 delivery 
ports (which are usually large inland cities), to which imports 
may be shipped directly from abroad, if they have been entered 
or reported at a port of entry. At a port of entry the full 
complement of officials consists of a collector, naval officer and 
surveyor ; but only a few of the largest ports have separate per- 
sons for each office, and at less important places one man 
performs the duties of two or more offices. At a port of deliv- 



100 THE NATIONAL ADMINISTEATION 

ery there is no collector, but the surveyor is in charge of the 
employees and government storehouses. These officers are ap- 
pointed for important ports by the President and Senate ; for 
minor places by the Secretary of the Treasury. 

The collector is the principal local customs officer at each 
port. Subject now to civil service examinations, he selects 
gaugers, measurers, inspectors, appraisers and clerks, and has 
general direction of the local staff. In the early days of the 
national government, the local collectors were left a large dis- 
cretion in the interpretation of statutes, but as the service has 
developed, uniform rules and regulations have been established 
by the Secretary of the Treasury, which reduce the local officers 
to distinctly subordinate positions. The naval officer has to 
countersign official documents as a check on the collector. The 
surveyor has immediate charge of the outdoor force,— the gaug- 
ers and inspectors, who examine goods at the docks and store- 
houses. 

By far the most important port is New York, where 60 per 
cent, of the total imports to the United States are received, 64 
per cent, of the customs revenue is collected, and 35 per cent, 
of the customs officials and employees are located. The other 
principal ports are, in the order named, Philadelphia, Boston, 
San Francisco, Baltimore, New Orleans, Chicago, and Detroit. 
There are, altogether, about 4,800 persons employed in the local 
customs offices. In addition, there are about 200 persons in 
the revenue cutter service, which employs about eighty vessels 
in the enforcement of the customs laws. There is also a small 
corps of special agents, under the immediate control of the 
Secretary of the Treasury, engaged as detectives and inspectors 
of the local officials. The board of general appraisers acts as 
a customs court on appeals from the assessments of local 
officers. 

In spite of the importance of the customs service there is no 
special bureau in the department of the Treasury dealing with 
it. There is only a division of customs and a division of the 
revenue cutter service in the immediate office of the Secretary 



THE DEPARTMENT OF THE TREASURY— I 101 

of the Treasury, while one of the assistant secretaries has spe- 
cial supervision of customs matters. Before 1894 there was a 
commissioner of customs, but his duties corresponded to those 
of the auditors, and the office was abolished in the reorganiza- 
tion of the auditing service. 

The process of customs administration may be described in 
four main stages: (1) the entry of importing vessels and im- 
ported merchandise; (2) the appraisal of the customs duties; 
(3) appeals from the duties assessed ; and (4) the collection of 
the duties. 

Entry.— All vessels must enter at a port of entry, and there 
are severe penalties for attempting to unload without entering 
at such a port. It is forbidden by law to import dutiable mer- 
chandise in vessels of less than thirty tons burden. 

Every vessel from a foreign port must have a manifest of 
her cargo, a document signed by the master, stating the port of 
departure, the consignees, the port of delivery, and the items 
of cargo. The revenue marine force, which patrols the coast, 
boards vessels coming from foreign ports and requires such 
vessels to produce their manifest to be endorsed by the officer 
of the revenue marine vessel. A copy of the manifest must be 
sent to the collector on arrival; and the master of the vessel 
must also report on oath on all particulars required in the 
manifest. It is only after this procedure that permission to 
unload is allowed. Generally unloading has to be performed 
between sunrise and sunset, but in large ports special licenses 
for night unloading are granted. The unloading takes place 
under the supervision of a government officer. 

Consignees must enter the merchandise at the customs house, 
by presenting an invoice to the collector, signed by the person 
shipping or owning the goods, and for goods subject to ad 
valorem duties the invoice must state the value. The invoice 
must be verified by the declaration of persons signing it, and 
the collector may require documents to assist in determining 
values. The invoices must also be certified by the consul at the 
port nearest the point of shipment, but this work is perfunc- 



102 THE NATIONAL ADMINISTRATION 

tory, as consuls are not competent to judge of values. Where 
goods are imported by the manufacturer, the attempt is made 
to get at the cost of production from his statement. 

Appraisal.— Duties may be either specific or ad valorem, and 
sometimes both kinds are imposed on the same class of goods. 
From the administrative point of view specific duties are the 
better, as they simplify the process of assessing the amount of 
the duty. But there are still many ad valorem duties which 
necessitate an appraisal of the value of goods. 

The government does not rely on the declaration of importers 
to determine values. In large ports there are appraisers ap- 
pointed; and in small ports appraisals are made by the col- 
lector. Certain packages are marked on each invoice, and 
these are sent to the appraisers, who are supposed to know the 
value of goods. But the Secretaries of the Treasury complain 
that the appraisers are often not competent, and the tendency 
is to accept the value of the invoice. The report of the apprais- 
ers to the collector states the character of the articles (classifi- 
cation) and the value ; if this appraisal appears to the collector 
too low, he can order a reappraisal by one of the general ap- 
praisers, which is also called an original appraisal. 

There has always been much complaint by the government 
of undervaluation, and by importers against the decisions of 
the appraisers. In order to induce importers to announce full 
value on their goods, it is provided that if the appraised value 
is 40 per cent, over the entry value, the latter is considered 
presumptively fraudulent, and either the goods are forfeited 
or penalties are imposed. These provisions have been upheld 
by the Supreme Court. 1 

Appeal.— Administrative appeals are, however, provided 
against unjust original appraisals, and distinct appeals are 
now provided for overvaluation and for wrong classification. 
As to valuation, there has always been an appeal from the 
original appraisal. At first there was an attempt at a sort of 
jury, by calling in members of the trade with a representative 

1 148 TJ. S. 214. 



THE DEPAETMENT OF THE TEEASUEY— I 103 

of the importer. But this was not satisfactory either to the 
government or to the importer, and another body was created, 
dating from 1851, but fully developed in the Customs Admin- 
istration Act of 1890. Under this latter act the President ap- 
points nine general appraisers, not more than five of one party. 
Three of these form a court of general appraisers in New 
York ; the others, in two boards, travel to the different ports in 
the country. The appeal from the original appraisal goes to 
this body, which acts in some respects as a court, although it 
does not follow all the formalities of judicial procedure. 1 

The determination of this board on questions of valuation is 
final, and the only thing authorizing a further rehearing would 
be fraud. 2 

Under the original law there was no administrative appeal 
provided for mistakes of classification, the theory being that as 
a question of law it should be decided by the courts. The 
national judiciary worked out a remedy under the rules of pri- 
vate law. If the importer paid the duties under protest, he 
could then bring suit against the collector for unjust enrich- 
ment. 3 The collectors then developed the custom of keeping 
back moneys due the government so as to pay amounts awarded 
against them on such suits, and this custom seriously disar- 
ranged the government accounts. Accordingly in 1839 Con- 
gress provided that the collectors should pay in all receipts to 
the Treasury ; but the Secretary of the Treasury could repay 
the collector if it was shown to him that there was an improper 
classifiaction, that is, the Secretary of the Treasury was made 
an appellate authority on questions of classification. This act 
did not formally abolish the judicial remedy; but the courts 
now held, that as the collectors no longer held the money, suits 
for unjust enrichment were not valid. 4 This situation was not 
satisfactory to Congress ; so in 1845 it was provided that judi- 

1 146 U. S. 60. 
8 1 Wallace, 375. 

• 10 Peters, 137. 

* 3 Howard, 236. 



104 THE NATIONAL ADMINISTEATION 

cial suits should be restored, and the Secretary of the Treasury 
should pay the amounts awarded; and at the same time the 
appellate jurisdiction of the Secretary of the Treasury was 
abolished. In 1864 the appellate jurisdiction was restored, 
and both remedies existed. 

Notwithstanding the administrative remedy the courts be- 
came crowded with customs cases (five thousand a year), and 
there was much complaint of the system. But no change was 
made until 1890, when the Customs Administration Act pro- 
vided for an appeal on classification from the decision of a 
collector to the Board of General Appraisers; but on these 
questions of classification their decision is not final (as they 
are on questions of valuation). The case may be then carried 
to a United States circuit court, by certiorari, and the decisions 
of the circuit court are final, unless the circuit judge considers 
the question of such importance as to allow an appeal to the 
Circuit Court of Appeals, or in very important cases to the 
Supreme Court. This system seems likely to continue, and is 
developing a special class of attorneys who appear in such 
cases. 

Collection of Duties.— Before 1846 duties were either paid or 
secured to be paid before the goods were landed ; but in that 
year the bonded warehouse system was begun. By this plan 
an importer may store his goods in a government warehouse, by 
giving a bond for double the amount due to pay the duties 
when the goods are withdrawn from the warehouse. When 
private warehouses are used as bonded warehouses they must 
be approved by the Secretary of the Treasury, and are under 
the joint custody of United States officers and the owner. 1 
Goods warehoused are at the risk of the owner. 

Warehoused goods may be withdrawn at any time within a 
year on payment of duties ; and on payment of ten per cent, 
extra the time may be extended to three years. If warehoused 
goods are reexported duties are not required ; if goods on which 
duties have been paid are exported the duties are paid back 
1 3 Blatchf ord, 413. 



THE DEPARTMENT OF THE TREASURY— I 105 

(drawback) except one per cent. Similarly, on goods subject 
to internal revenue duties, a drawback is paid by the govern- 
ment when they are exported. 

Goods warehoused may be sent under bond to other ports in 
this country or other collection districts in sealed railroad cars. 

In all cases of bonded or warehoused goods the preliminary 
liquidation of duties for fixing the amount of the bond is not 
final; but the final liquidation is made when the goods are 
withdrawn ; and appeals may be taken from these final liqui- 
dations. 1 

Ordinarily goods do not get out of the government's hands 
until the duties are paid ; but if they do by fraud or otherwise, 
the government has the right to sue for the duties, and the act 
of importing makes the importer liable to the duty. 2 

INTERNAL REVENUE SERVICE 

Before 1862 internal revenue duties were never a very impor- 
tant part of the revenue of the United States government, and 
indeed only during two short periods were there any internal 
revenue taxes and an internal revenue administration. The 
first tax for the national government in addition to the customs 
duties was an excise tax of 25 cents per gallon on whiskey, 
established in 1791. In spite of the "Whiskey Rebellion" in 
Pennsylvania, the tax was retained, and was extended to other 
objects, including carriages, snuff, refined sugars, stamps on 
bills of lading, and bills of exchange. The revenue reached 
$1,000,000 in 1801. These duties were abolished during Jef- 
ferson's first term, although small amounts of back taxes con- 
tinued to be received. In the War of 1812 recourse was again 
had to internal revenue taxes, and from 1814 to 1818 the 
receipts were from $1,662,984 to $5,124,708 a year. In the 
latter year the taxes were again repealed ; but, as before, small 
amounts continued to be received, even as late as 1848. From 
then until the Civil War there are no internal revenue receipts. 

1 18 Wallace, 322. 

a 2 Cranch, C. C. 508 ; 13 Peters, 486. 



106 THE NATIONAL ADMINISTRATION 

Under the pressure of the government need for revenue a new 
and elaborate system of internal taxes was put in force by the 
act of July 1, 1862. The income for the first year was $37,000,- 
000; and this steadily increased (under improved administra- 
tion and additional taxes) to $309,000,000 in 1866, far exceed- 
ing the customs revenue. After the war large reductions were 
made in the taxes, and many were entirely abolished. The 
revenue fell to a minimum of $102,000,000 in 1874. From then 
until 1897, it fluctuated between $110,000,000 and $161,000,000 
a year, ranking next to the customs in importance. New taxes 
imposed in 1898 caused the receipts from internal revenue to 
swell once more, reaching a maximum of $307,000,000 in 1901, 
and declining somewhat since that date with the repeal of the 
war taxes. From 1898 to 1902 the revenue from internal taxes 
exceeded that from customs duties. 

Half of the internal revenue now comes from the taxes on dis- 
tilled spirits, about one-fifth from taxes on fermented liquors, 
about a fifth from taxes on tobacco, and the remainder from 
the tax on oleomargarine and some minor items. 1 During the 
Civil War, an income tax was an important internal tax, pro- 
ducing nearly $73,000,000 in 1866. While this tax was held to 
be constitutional by the Supreme Court, another income tax 
provided for in 1894 has been held to be unconstitutional. 2 
The bulk of the internal taxes are collected in a few states. 
Illinois pays the largest amount— $50,000,000, one-fifth of the 
total in 1903 ; New York, Indiana, Kentucky, Pennsylvania 
and Ohio each contribute from $18,000,000 to $30,000,000, Mis- 

1 Internal Eevenue 1902-3 

Distilled spirits $131,953,472 

Fermented liquors 47,547,856 

Tobacco 43,514,810 

Oleomargarine 736,783 

Miscellaneous 7,057,203 

$230,810,024 
2 157U. S. 429 j 158 U. S. 601. 



THE DEPARTMENT OF THE TREASURY— I 107 

souri $9,000,000, and Wisconsin $7,000,000. Three-fourths 
of the total internal revenue is collected in these eight states. 

The present administrative organization of the internal rev- 
enue service dates from the system established in 1862. At its 
head is the Commissioner of Internal Kevenue, appointed by 
the President and Senate at a salary of $6,500 a year. Nomi- 
nally a subordinate of the Secretary of the Treasury, this officer 
is almost independent and occupies a much more important 
position than the division chief of customs. He has general 
superintendence of the collection of all internal revenue taxes 
and the enforcement of the internal revenue laws ; he regulates 
the employment of special revenue agents and the compensation 
and duties of gaugers, storekeepers and other subordinate 
employees; he controls the preparation and distribution of 
internal revenue stamps, instructions, regulations, forms, 
blanks and stationery ; and he hears and decides appeals from 
the acts of internal revenue collectors. The business of his 
office is distributed among eleven divisions, each with its chief 
and staff of clerks. 

Congress does not establish internal revenue districts by stat- 
ute, as it does customs districts; but allows the President to 
establish and abolish districts and provide officers for each. 
While the Civil War taxes were in force, internal revenue dis- 
tricts were usually co-extensive with the districts for the elec- 
tion of members of the House of Kepresentatives ; and there was 
a staff of 700 collectors and 3,100 assessors. The number of 
districts has been reduced from time to time by consolidating 
two or more into one, until since 1887 there have been but 63. 
The collectors of internal revenue are appointed by the Presi- 
dent and Senate ; other officers and employees— gaugers, store- 
keepers and inspectors— are appointed by the Secretary of the 
Treasury. As all of these persons have access to the distilleries, 
breweries and factories and can learn secret processes of manu- 
facture, and may also be tempted to defraud the government, 
they are subject to very strict discipline, and may be fined, 
imprisoned and disqualified from holding office for violating 



108 THE NATIONAL ADMINISTBATION 

the laws and regulations governing their duties. The corps of 
internal revenue agents under the immediate control of the 
Commissioner of Internal Revenue act principally as a force 
of detectives to discover and prevent fraud on the government 
either by the officials or by private individuals. 

It is the general purpose of the tax laws to make the manu- 
facturers assess themselves and pay the tax ; they are therefore 
required to conduct their business in certain ways which will 
make this automatic system of assessment and collection pos- 
sible. 

Distilled Spirits.— The statute defines who is a distiller in 
great detail. Before a distiller can enter on his business he 
must comply with the following requirements: (1) He must 
file a declaration of intention with the collector, which must 
show where the still is set, its capacity, its owner, and the resi- 
dence of the owner,— notice of any change must be given within 
twenty- four hours. (2) He must file a bond with two sureties 
in double the amount of the tax on the production of the still 
for fifteen days. In this bond the individual binds himself to 
pay the duties, and obey all other requirements of the law, and 
not to mortgage the distillery. (3) He must satisfy the col- 
lector before approval of the bond that he is the owner of the 
distillery in fee simple and that the property is unencumbered. 
(4) He must make an accurate plan of the distillery and ma- 
chines. The details of this requirement are most minute, and 
its accuracy must be verified by the collector ; and no alteration 
may be made without the consent of the collector, and altered 
plans must then be made. These plans must be in triplicate- 
one is filed in the distillery, one with the collector, and one with 
the Commissioner of Internal Revenue. (5) The distillery 
must be surveyed by the collector and an assistant appointed 
by the Commissioner of Internal Revenue, so as to estimate the 
capacity for twenty-four hours ; and of this survey triplicate 
copies must be made. Any distiller who does not comply with 
all these requirements is an illicit distiller. 

Every distiller is supposed to have commenced business at 12 



THE DEPARTMENT OF THE TREASURY— I 109 

o'clock noon on the third day after his bond has been approved, 
and to be in continuous operation until notice is given to the 
contrary. 

A record must be kept of all materials used in the business, 
their cost, and means of delivery ; also a list of the employees. 
An account must also be kept of the process of distilling, show- 
ing the time of day when yeast is inserted, the amount of grain 
used, the amount of spirits produced, and the amount stored. 
These books must be preserved for two years and are subject to 
inspection. A duplicate sworn return must be made from 
these books monthly and sent to the collector. 

A storekeeper is asisgned by the government to each distill- 
ery, to record the operations in the distillery, — measuring the 
grain as it goes into the mash. In the cistern room the govern- 
ment gauger is present as the liquor is run into barrels, and 
these barrels are numbered and stamped with serial numbers, 
the contents, the name of the gauger and the date. These 
marked barrels are placed in the distillery warehouse, where 
they may remain without bond one month ; and in bond for a 
period determined by the Commissioner of Internal Revenue. 
When any liquor is to be sold, the distiller receives from the 
collector tax-payer's stamps, which are also numbered. The 
absence of any of these numbers, marks and stamps will be 
noticed by internal revenue agents in their inspections. The 
distiller must keep a record of his sales. He must also have a 
sign of a certain size with words ' ' Registered Distiller. ' ' 

If the tax is not paid in full up to the capacity of the dis- 
tillery, deficiency assessments are made. If the tax is paid on 
less than 80 per cent, of the capacity, a deficiency assessment is 
made even if the total production has been reported. If the 
amount produced does not correspond with the amount of grain 
used, or if the amount actually produced is not represented in 
the tax, deficiency assessments are levied. 1 

These rules also apply to rectifiers. 

Fermented Liquors. — Similar rules apply to brewers, but 
1 16 Wallace, 240; 17 Wallace, 182; 21 Wallace, 655. 



HO THE NATIONAL ADMINISTRATION 

there is no storekeeper, and there is thus more reliance placed 
on the brewer's books and reports. Stamps are put on the 
bung-hole, so that they will be broken when the barrels are 
opened. 

Tobacco.— The general principles are the same as for the tax 
on liquors ; but, as with brewers, the records are accepted more 
than for distillers. The manufacturer must make a declara- 
tion, use books, make returns, and use packages of certain sizes 
so stamped that the stamps will be destroyed when used. Also 
all dealers in leaf tobacco are required to keep records of sales 
and report to the collector. Here, too, the commissioner is 
authorized to make deficiency assessments, if the tax paid does 
not come up to the reports and records. 

Similar provisions apply in the assessment of the oleomar- 
garine tax. 

Collection.— Ordinarily the tax will not only assess but col- 
lect itself. The manufacturer must purchase stamps, which 
for beer and cigars are destroyed when the packages are opened. 
To provide for obedience to the law there is a series of penalties 
and forfeitures not only of goods, but also of articles of manu- 
facture. Actions for penalties and forfeitures are brought in 
circuit courts. The Supreme Court, however, holds that these 
penalties do not make the law criminal so as to be construed 
strictly; but that it is to be construed liberally, so as most 
effectually to enforce the revenue laws. 1 The penal provisions 
are, however, construed strictly ; but a proceeding to forfeit is 
not a criminal proceeding. 2 Forfeitures will not be avoided by 
the payment of the tax, or even by a bona fide sale. 3 

These penalties are so severe that the Secretary of the Treas- 
ury is given power to remit them where he considers their 
application too hard. 

The United States has also a supplemental right to bring 

x 97 U. S. 237; 10 Wallace, 395; 3 Howard, 197, 210. 

2 18 Wallace, 516. 

• 14 Wallace, 44 ; 103 U. S. 679. 



THE DEPARTMENT OF THE TREASURY— I HI 

suit to collect the tax. 1 The United States also has a lien on 
the property of the tax-payer, and the lien dates not from time 
of demand, but from the time when the tax became due. 2 

Appeals.— Unlike the general property tax or ad valorem 
customs duties, the value of the thing taxed does not come into 
question ; the rate is fixed in amount, and there is not the room 
for arbitrary action by the government officer, and so less need 
for a system of appeals. But in the deficiency assessments 
there is a valuation, and in practice there has sprung up an 
administrative remedy. A tax-payer considering himself ag- 
grieved may petition the Commissioner of Internal Revenue 
for a rehearing ; and while in theory this is asking an officer to 
review his own action, in practice it is an appeal from the col- 
lector to the commissioner. If the commissioner does not 
grant the petition, the only thing is for the tax-payer, when 
the government proceeds to collect by distress and sale, to pay 
under protest and bring suit against the collector. There is no 
further appeal to an administrative officer ; and courts can be 
appealed to only after the tax has been paid in accordance with 
the decision of the commissioner. In such a case the court can 
go into the whole question, and its decision is not prejudiced 
by any act of the administration. 3 

Another case is where there is doubt as to the legal liability 
of a person to pay the tax or suffer a penalty. As to this ques- 
tion of law the individual has also the right of administrative 
appeal to the Commissioner of Internal Revenue for a refund 
of the tax paid ; 4 and if the commissioner decides in his favor 
his claim will be accepted in the Court of Claims ; 5 but if, and 
only if, the commissioner decides against the appellant there is 
a judicial remedy. 6 The tax-payer may bring action (within 
two years after paying tax under protest) against the collector. 

1 19 Wallace, 227; 21 Wallace, 65. 
2 4 Dillon, 71 ; 14 Fed. Sep., 263. 
«21 Wallace, 65; 14 Fed. Bep., 263. 

* Bevised Statutes, §3220. 
6 96 U. S. 567. 

• 14 Wallace, 613. 



112 THE NATIONAL ADMINISTBATION 

If the court decides in favor of the tax-payer, the government 
repays the collector, who is technically adjudged to have taken 
advantage of his position to enrich himself. 1 In these actions 
the court may go over the whole case de novo, without regard to 
the action of the commissioner, collector, or other administra- 
tive authority. 2 

On general principles there could be an action for trespass 
against a collector, but if he acted under proper orders no 
remedy is granted. 3 

The statute specifically provides that there is no remedy by 
injunction to restrain the collection of the tax. 

Next to the customs and internal revenue the largest source 
of government income is the postal service, where the expendi- 
tures exceed the revenues. This branch of administration will 
be considered in the chapter on the Post-Office department. 
The income from the sale of public lands, now a comparatively 
small item, will be noted in connection with the land office in 
the chapter on the department of the Interior. Other sources 
of revenue are of very minor significance, involving no impor- 
tant administrative arrangements. 

1 4 Dillon, 66. 

2 7 Wallace, 122. 

* 14 Fed Bep., 263. 



CHAPTER VIII 

The Department of the Treasury— II 

The Independent Treasury 
References. — D. Kinley: The Independent Treasury. — J. B. Phillips: 
Methods of Keeping the Public Money of the United States (Pub. 
Mich. Pol. Sci. Assn., Vol. IV). — H. C. Adams: The Science of 
Finance, 214-215. — House Reports, 52d Congress, 1st session, Vol. 10, 
No. 2143.— Forum, 29 :1.— Review of Reviews, 21:202. 

Accounting and Auditing 

A. S. Bolles: The Financial History of the United States, II, 567-575; 
III, 523-535— Senate Reports, 1888, No. 507, Vol. 2, 1-474.— Decisions 
of the Comptroller of the Treasury. — Political Science Quarterly, 5:214. — 
American Law Review, 25:727. — Magazine of American History, 23:241; 
25:71. 

Currency Administration 

F. A. Cleveland : Funds and Their Uses, ch. 9. — H. White : Money and 
Banking. — C F. Dunbar: Chapters in Banking, ch. 9. — J. J. Knox: 
History of Banking, 128-131. — D. K. Watson: History of American 
Coinage. — F. W. Taussig: The Silver Situation. — Political Science Quar- 
terly, 15:482. — Quarterly Journal of Economics, 14:394. — North Amer- 
ican Review, 141:197 ; 167:710; 172:261. 

Life- Saving Service 
S. I. Kimball: Organization and Methods of the United States Life- 
Saving Service. — Harper's Monthly, 64:357. — New England Magazine, 
n. s., 2:134. — Popular Science Monthly, 44:346. — Century, 33:925. — 
Journal Franklin Institute, 133:1. 

THE TREASURY 

By the act of 1789 establishing the department, the Treasury 
was given a legal but not a substantial existence ; and for the 
first few years state banks were used as the custodian of gov- 
ernment funds and financial agents of the government. Under 
the act of 1791 establishing the first Bank of the United States, 
that institution became the official agent of the Treasury, and 
S 113 



114 THE NATIONAL ADMINISTRATION 

so continued until its charter expired in 1811, after which the 
government moneys were again deposited in various state 
banks. During the War of 1812 the banks south of New Eng- 
land suspended specie payment, and the government lost about 
$1,000,000 out of $9,000,000 on deposit in these banks. This 
financial loss led to the establishment in 1816 of the second 
Bank of the United States, which, like the first, acted as the 
fiscal agent of the government, receiving the revenues and hold- 
ing and distributing the funds. Before the end of the twenty- 
year period for which this bank was chartered there arose the 
political conflict with President Jackson, and the "removal" of 
the government deposits in 1833. Strictly speaking, there was 
not a physical withdrawal of the funds at one time; but no 
further deposits were made, and the balances to the credit of 
the government were depleted in the ordinary course of busi- 
ness. 

There was at this time no law regulating the control of public 
moneys ; but on the authority of the President and Secretary of 
the Treasury deposits were again made in various state banks ; 
and in 1836 a statute was passed authorizing this system. The 
period of bank and land speculation which followed and the 
crisis of 1837 belong to a history of banking ; but we may note 
that the banks which failed at that time carried $32,000,000 of 
government deposits, and the payments made in depreciated 
notes involved a net loss to the government of $2,500,000. 
From this time part of the government funds were kept in the 
hands of officials (the officers of the mints and revenue collect- 
ors) ; but the attempts to establish a government Treasury 
system were stubbornly opposed in Congress. An act estab- 
lishing this system was passed in June, 1840, but repealed by 
the whig Congress in August, 1841. The bill for a third 
national bank was, however, vetoed by President Tyler; and 
the unlegalized system of government officials acting as deposi- 
taries continued. Many of the officials deposited the funds in 
selected banks. Finally, in 1846, the sub-treasury act was 
passed. Under the regime then existing of state banks, so 



THE DEPAETMENT OF THE TEEASUEY— II H5 

slightly regulated and supervised, the establishment of the 
sub-treasury was clearly necessary for the protection of the 
government funds. 

The act of 1846 provided for a physical treasury at Wash- 
ington, under the immediate direction of the treasurer of the 
United States, and six branch or sub-treasuries at Philadelphia, 
New Orleans, New York, Boston, Charleston and St. Louis, 
under the direction of assistant treasurers or treasurers of the 
mints. Government officials were no longer to deposit funds 
in banks; but were to retain them or transfer to one of the 
treasuries; while as a necessary corollary of the dissociation 
of the government from the banks, all revenues were to be paid 
in specie or government treasury notes. 

In spite of the failure of Congress to provide for adequate 
storage vaults, and difficulties in transferring funds from one 
depository to another, the new system worked fairly well. 
Aided by a bound in exports, specie payments and the govern- 
ment credit were maintained through the Mexican War, and 
again during the crisis of 1857. But in 1862, following the 
suspension of specie payments by the banks, the government 
also suspended specie payments, and legal tender notes (green- 
backs) were issued for government payments. In 1863, in 
connection with the establishment of the new national banking 
system, it was provided that the national banks might become 
depositories of public moneys (except customs dues, which 
were still paid in specie) and might be employed as financial 
agents of the government in the collection of revenue and the 
placing of the enormous loans required to carry on the war. 
During 1866 the banks collected for the government over a 
billion and a half of dollars; but after the war the amount 
passing through the banks was only a small portion of this 
sum. For the past forty years the national banks have con- 
tinued to be government depositories; but the main agencies 
for the collection and disbursement of the government funds 
have been the independent treasuries. 

As now organized, the Treasury system consists of the Treas- 



116 THE NATIONAL ADMINISTEATION 

ury offices at Washington, under the Treasurer of the United 
States, nine sub-treasuries under the charge of assistant treas- 
urers, and a varying number of designated depositories. The 
general supervision of the system comes under the division of 
public moneys, in the immediate office of the Secretary of the 
Treasury. 

The Treasurer of the United States is appointed by the Pres- 
ident with the advice and consent of the Senate; and a new 
treasurer is appointed with a change in the political control of 
the Presidency. He is charged with the receipt of all moneys 
due to the government, with the safe-keeping of the govern- 
ment funds, and with the payment of properly authorized 
expenditures. In paying the interest on the public debt and 
the salaries of members of Congress, the Treasurer acts directly 
under the authority of the permanent appropriations, and is 
afterwards indemnified by warrants drawn by the Secretary of 
the Treasury. But for other payments there must first be pre- 
sented a warrant issued by the Secretary of the Treasury, coun- 
tersigned by the Comptroller of the Treasury and registered by 
the Register of the Treasury. Warrants for the expenses of 
the Post-Office department are issued by the Postmaster- 
General, and countersigned by the auditor for the Post-Office 
department. 

The treasurer is also the agent of the government for the 
issue and redemption of the government paper currency, and 
for the redemption of national bank notes. He further acts as 
custodian of Indian and other trust funds, and as one of the 
sinking fund commissioners for the District of Columbia. 

For the discharge of these various duties there are a number 
of divisions in the treasurer's office, each with a chief and 
appropriate staff of clerks. 

The sub-treasuries, now nine in number, are located at New 
York, Boston, Philadelphia, Baltimore, Cincinnati, Chicago, 
St. Louis, New Orleans and San Francisco. That at New York 
(in Wall street, on the site of Federal Hall, where Washington 
was inaugurated and the first Congress met) is by far the most 



THE DEPARTMENT OF THE TEEASURY— II H7 

important; the financial transactions there are several times 
the aggregate of all the others, and the moneys actually handled 
are much larger than at all other treasuries, including the cen- 
tral office at Washington. The work of the sub-treasuries con- 
sists in receiving and paying public moneys, receiving deposits 
of disbursing officers and issuing and redeeming government 
coin and paper currency. 

The independent treasury system has been a success in pre- 
venting the loss of government funds, such as occurred under 
early systems of depositing in banks ; also as a means of retain- 
ing government specie when banks are on a paper basis. But 
it has been severely criticised for its influence on business by 
its irregular absorption and disbursement of currency. 

A brief summary of the development of the aggregate finan- 
cial transactions of the Treasury will serve to illustrate the 
growth of this branch of the government service. Starting in 
1791 with receipts of less than $5,000,000 and expenditures 
under $4,000,000, the annual budget increased slowly to a max- 
imum of $17,000,000 in 1808. The embargo on foreign trade 
reduced revenues in 1809 to less than $8,000,000 ; and for the 
next two years the disturbed state of trade was reflected in the 
government finances. The War of 1812 brought a large in- 
crease in expenditures, met by loans, and by a marked increase 
of customs receipts on the conclusion of peace. In 1816, 
expenditures were $48,000,000 and gross receipts $57,000,000. 
A lower scale of financial transactions was soon restored ; and 
from 1820 to the Mexican War the annual account was usually 
between $20,000,000 and $30,000,000, except in 1835 and 1836, 
when the speculative purchase of public lands swelled the 
receipts, and from 1837 to 1839, when the expenditures of the 
War department were noticeably increased on account of 
Indian relations. The Mexican War brought the annual 
budget up to $60,000,000 for three years ; and was followed by 
a permanent increase in government finances, which exceeded 
$80,000,000 a year before the outbreak of the Civil War. The 
struggle with the seceding states caused a stupendous increase, 



118 THE NATIONAL ADMINISTRATION 

to nearly $600,000,000 in the first year and $2,000,000,000 in the 
last year of the war. By 1869 the annual outlay for all pur- 
poses was again below $600,000,000 ; and since then has seldom 
gone below $500,000,000 and at times has approached $1,000,- 
000,000 a year. As the payments on account of the war debt 
have decreased, the ordinary expenditures have increased ; the 
war with Spain and the insurrection in the Philippine Islands 
caused additional outlay for several years ; and since then the 
increase in the army and navy has added to the annual appro- 
priations. 

While the collection of revenue from taxation and the de- 
tailed control over expenditures is managed by other branches 
of the department of the Treasury, the administration of loans 
and the national debt comes under the immediate direction of 
the Treasury proper. The national debt began during the war 
for independence; and the government of the United States 
established in 1789 accepted the obligations made by the Conti- 
nental Congress and the Confederation, and also assumed the 
state debts incurred during the Revolution, the whole aggregat- 
ing about $80,000,000. This amount was somewhat increased 
under the federalists, and by the purchase of Louisiana, so that 
in 1804 the outstanding debt was $86,000,000. A steady de- 
crease then followed, until by 1812 it had been reduced to 
$45,000,000. The war increased it to $127,000,000 ; but this 
was steadily decreased until by 1835 it had been practically ex- 
tinguished. The panic of 1837 necessitated renewed borrow- 
ing ; and the debt increased as a result of the Mexican War and 
again after 1857, until by 1860 it was $65,000,000. 

With the enormous expenditures of the Civil War, the 
interest-bearing debt was increased to $2,381,000,000 in 1865, 
besides $400,000,000 in legal tender notes and other non- 
interest-bearing obligations. The payment of this debt was at 
once begun; and by 1892 the interest-bearing debt had been 
reduced to $585,000,000. Deficient revenues and the war with 
Spain led to new loans and an increase of debt to $1,046,000,000 
in 1899, which has been reduced to $895,000,000 in 1904. 



THE DEPARTMENT OF THE TREASURY— II 119 

In addition to the interest-bearing debt, the United States 
has largely increased its debt in the form of paper currency, 
which will be noted further in another section of this chapter. 

ACCOUNTING AND AUDITING 

The act of 1789 organizing the department of the Treasury 
provided for a register of the Treasury, a comptroller of the 
Treasury, and an auditor, who performed duties similar to 
those performed by officers with the same titles under the Con- 
federation, in examining and approving accounts and claims 
against the government. In 1792 another auditor was author- 
ized, under the title of accountant of the department of War, 
The development of government finances necessitated an exten- 
sion of the auditing service ; and an act of 1817 reorganized it 
entirely, providing for a first and second comptroller of the 
Treasury, with five auditors, in charge of different branches of 
the service. In 1836 a sixth auditor was authorized; and in 
1849 the office of commissioner of customs was established to 
relieve the first comptroller of appeals from the auditors in 
reference to customs administration. Further extensions of 
the service were accomplished by enlarging the subordinate 
force under each of these officials ; and the general system con- 
tinued unchanged to 1894. In that year there was another 
reorganization: the positions of second comptroller and com- 
missioner of customs were abolished, and the duties of the 
auditors rearranged. 

As now organized the auditing service consists of the register 
of the Treasury, the comptroller of the Treasury, and six audi- 
tors with a staff of book-keepers and clerks. 

The Register of the Treasury is appointed by the President 
and Senate, at a salary of $4,000 a year. He signs and regis- 
ters all United States bonds, registers bond transfers and the 
redemption of bonds, prepares schedule of interest payments, 
signs transfers of government funds from the treasury to sub- 
treasuries or depositories, and receives and records all 



120 THE NATIONAL ADMINIiSTEATION 

redeemed or condemned bonds, paper currency and revenue 
stamps. 

The Comptroller of the Treasury is the appellate authority 
from the decisions and settlements made by the auditors. He 
is appointed by the President and Senate, and receives a salary 
of $5,500 a year. 

Appeals from the settlements of the auditor may be made 
within one year by the claimant, the head of the department 
interested or by the comptroller himself ; and the comptroller *s 
decision is final and conclusive upon the executive branch of 
the government. Upon the request of a disbursing officer or 
the head of a department, the comptroller is required to give 
his decision upon the validity of a payment to be made, which 
decision shall govern the auditors and the comptroller. He is 
also required to approve, disapprove or modify all decisions of 
the auditors making an original construction or modifying an 
existing construction of statutes. By the regulations of the 
department, the comptroller passes upon the sufficiency of 
authorities to endorse drafts and receive and receipt for 
moneys from the government. The forms of keeping and 
rendering all public accounts (except those relating to the 
postal service ) , the recovery of debts due to the United States, 
and the preservation of accounts finally settled are under the 
direction of the comptroller. 

The Auditors are appointed by the President and Senate, and 
receive salaries of $4,000 a year. Their duties are in general 
to examine and settle all accounts and claims for the various 
departments, in accordance with the statutes and appropria- 
tions of Congress, and the decisions of the comptroller of the 
treasury. Each auditor has charge of the claims and accounts 
of one or more executive departments, and the specific scope 
of the duties of each is indicated in their full title as follows : 

Auditor for the Treasury department. 

Auditor for the War department. 

Auditor for the Interior department. 

Auditor for the Navy department. 



THE DEPARTMENT OF THE TREASURY— II 121 

Auditor for the Post-Office department. 

Auditor for the State and other departments. 

The auditor for the Post-Office department has larger 
powers than the other auditors. He is in a sense auditor, 
comptroller and register. He certifies balances due direct to 
the Postmaster- General instead of to the Treasury department, 
as do the other auditors. He countersigns and registers the 
warrants upon the Treasury for postal expenses, superintends 
the collection of debts for the service of the Post-Office depart- 
ments, directs suits and takes all legal measures to enforce pay- 
ments due the United States for the service of the Post-Office 
department, and for this purpose has direct official relations 
with the solicitor of the treasury in the department of Justice. 
He is the legal custodian of all contracts of the Post-Office 
department. 

This auditing service thus constitutes an effective adminis- 
trative control over the disbursing officers of all the other 
departments. It occupies, however, a materially different posi- 
tion from the corresponding service in other countries, where 
it has a distinctly judicial aspect. The French Cour des 
Comptes and the Prussian Oberkammergericht are organized 
as independent courts, and are not considered simply as subor- 
dinate branches of the finance administration. In Great 
Britain, the comptroller-general has a judicial tenure, which 
makes him independent of the Exchequer. In this country, 
however, the comptroller and auditors are recognized as part 
of the department of the Treasury, while they hold their posi- 
tions subject to the President 's power of removal, and in prac- 
tice the principal officers do change with party changes in the 
Presidency. They have nothing of the judicial organization 
or judicial tenure which characterizes the system in other coun- 
tries. 

In regard to their independence of the Treasury department, 
however, they do assimilate to the general rule. While the 
auditing officers are grouped under the department of the 
Treasury, the Secretary of the Treasury has no authority over 



122 THE NATIONAL ADMINISTRATION 

their decisions. This has been the situation from the first. 
In the other departments established in 1789, the secretaries 
were authorized to give orders and commands to their subordi- 
nates. But the comptroller was designed as a check upon the 
secretary ; he was referred to in the debate of 1789 as an " inde- 
pendent officer,'' and the statute definitely pointed out his 
duties. Attorney-General Wirt in 1823 stated officially that 
the comptroller 's decisions could not be disturbed by the Pres- 
ident himself : 

1 * My opinion is that the settlement made of the accounts of individuals 
by the accounting officers appointed by law is final and conclusive so far 
as the executive department of the government is concerned. ' 71 

There was a period of considerable discussion on this point, 2 
but in 1868 Congress sustained Wirt's position, although at 
the same time giving the secretaries the right to demand a 
reconsideration by the comptroller in certain cases, and to 
transmit a controverted question to the courts. 3 

From 1797 till the establishment of the Court of Claims in 
1855 the only way in which any one having a claim against the 
government could obtain a judicial consideration of its merits 
was by having himself sued by the United States. He could 
then, under certain restrictions, plead his claim so as to reduce 
or cancel that of the government against him, but was not 
allowed judgment for any balance in his favor. One result of 
this system was that public officers retained disputed fees, so 
as to force suits by the government; but in many cases no 
attempt was made to press the suits, while the amounts re- 
mained charged against the officer on the books of the govern- 
ment. Other claims were settled by private legislation, thus 
developing a powerful lobby to press such bills before Congress. 

Under the present system, a claimant can appeal from the 
decision of the comptroller of the treasury to the Court of 

1 1 Atty.-Gen. Op. 624. 

2 5 Atty.-Gen. Op. 630, 647; 7 Op. 464, 468, 297, 298. 

"Bevised Statutes, § 191, 1063. 



THE DEPARTMENT OF THE TREASURY— II 123 

Claims; and persons remote from Washington can resort to 
the United States district and circuit courts. 1 This system 
has in turn affected the action of the comptrollers. Knowing 
that such proceedings may be instituted, they are not so apt to 
make arbitrary and partial decisions. They shape their course 
by judicial decisions, and under permission of the law, apply 
directly to the court in cases involving controverted questions 
of law or of fact. 

CURRENCY ADMINISTRATION 

Closely related as it sometimes is to the fiscal operations of 
the government, it is important to distinguish clearly from 
them, the public administration affecting the currency of the 
country. The latter is only indirectly and incidentally related 
to the government revenues and expenditures ; and in order to 
emphasize the distinction, we shall consider here not only the 
bureaus dealing exclusively with coinage and currency mat- 
ters, but also the currency functions of officials already noted 
in their relations to the government finances. 

Coinage.— Acting under the authority conferred in the con- 
stitution, Congress has established government mints for the 
coinage of money, and has regulated the standards of weight 
and purity of different metallic coins. Mints are located at 
Philadelphia, New Orleans, Denver and San Francisco, that at 
Philadelphia being the most important; while assay offices 
have also been established at other places, mainly in the mining 
regions. Each mint is under the charge of a superintendent, 
while the general supervision of the whole service is in the 
hands of the director of the mint. This officer is appointed 
by the President and Senate, at a salary of $4,500 a year. He 
prescribes rules, subject to the approval of the Secretary of the 
Treasury, for the transaction of business at the mints and 
assay offices. He regulates the allotment of coinage, the dis- 
tribution of silver coin, and the charges to be collected. All 

1 Act of March 3, 1887. 

See History of Court of Claims in preface to 17 Ct. Claims Report 



124 THE NATIONAL ADMINISTKATION 

appointments, removals and transfers in the mints and assay 
offices are subject to his approval. He makes annual reports 
to the Secretary of the Treasury, one on the operations of the 
mints, and another on the production of the precious metals. 

Under the first coinage act of 1792, gold and silver were to 
be coined on private account at the ratio of 15 to 1. In 1834 
the ratio was changed to 16 to 1. But as neither metal was 
produced largely in the United States, there was but little 
coinage, until after the discovery of gold in California in 1848, 
when there was a large increase in the gold coinage. In 1853 
the government began the minting of minor coins on its own 
account. In 1873 the coinage of the standard silver dollar, 
which had never been coined in large quantities, was sus- 
pended. Just at this time new silver mines were opened up 
in the west, which led to a demand for silver coinage. In 
1878 an act was passed requiring the government to purchase 
silver bullion to the extent of $2,000,000 a month, to be 
coined into silver dollars. At the same time the annual coin- 
age of gold increased. In 1890 the purchase of silver bullion 
was increased to 4,500,000 ounces a month, and this was con- 
tinued until the repeal of the act in 1893. But compulsory 
coinage was no longer required, and the amount coined was 
largely reduced for a few years. Since 1895 the accumulated 
silver bullion in the treasury has been coined in large amounts, 
while from 1897 to 1901 there was another marked increase in 
the coinage of gold. 1 

Government Paper Currency.— In the early part of the 
eighteenth century paper currency was issued in the colonies ; 
but was prohibited by the British Parliament in 1751. During 

1 Coinage at the United States Mints (in round numbers) 

Gold. Silver. 

1792-1849 $ 150,000,000 $ 92,000,000 

1850-1874 800,000,000 80,000,000 

1875-1900 1,316,000,000 660,000,000 

1901-1903 192,000,000 80,000,000 

$2,258,000,000 $876,000,000 



THE DEPAETMENT OF THE TEEASUEY— II 125 

the Revolution resort was again had to paper promises to pay 
by the Continental Congress, and after the war several of the 
states issued paper money ; but the depreciation and currency 
troubles which followed were so great that the constitution of 
1789 expressly prohibited the states from emitting bills of 
credit, while as the national Congress was not given power to 
issue paper currency, it was supposed that such currency was 
altogether prohibited. 

On several occasions during the first half of the nineteenth 
century, when the treasury was depleted, treasury notes were 
issued; but these were clearly recognized as a temporary loan 
and no attempt was made to make them a legal tender. In 
1862 the financial strain of the Civil War led to the issue of 
legal tender notes (greenbacks), up to about $450,000,000; 
and when the constitutionality of this was contested, it was 
finally decided to be within the implied powers of Congress. 1 
The notes depreciated to as low as 40 per cent, of their face 
value in specie ; and it was not until 1879 that the government 
was able to resume specie payments, and the notes were 
accepted at their face value in coin. Instead, however, of 
retiring the $350,000,000 in notes then outstanding, these have 
remained as a permanent part of the circulating medium. 

Other forms of government paper notes appeared as a result 
of the purchases of silver under the acts of 1878 and 1890. It 
was found impossible to keep in circulation the coins minted 
under the first act, and certificates representing the coined 
dollars were issued in their place. The act of 1890 simply pro- 
vided for the issue of treasury notes on the basis of the silver 
bullion purchased. Under these acts there were in circulation 
in 1893 nearly $480,000,000 of paper notes, nominally secured 
by the silver in the treasury vaults, but in fact resting, like the 
legal tender notes, on the credit of the government. This sit- 
uation, aided by a decline in government revenues which 
threatened to deplete the reserve of $100,000,000 in gold main- 

1 Legal Tender Cases, 12 Wallace, 457, and 110 U. S. 421, overruling 
Hepburn v. Griswold, 8 Wallace, 602. 



126 THE NATIONAL ADMINISTRATION 

tained against the greenbacks, precipitated the financial crisis 
of 1893, and led to the repeal of the silver purchase act of 1890. 

Since then the treasury notes of 1890 have been in large 
measure retired; while the volume of silver certificates has 
been increased as the silver bullion has been coined. In 1904 
there were $472,000,000 in silver certificates outstanding, and 
$11,500,000 in treasury notes. There are also in circulation a 
varying amount of gold certificates (in 1904, $490,000,000), 
representing gold coin or bullion in the treasury ; and also the 
legal tender notes of 1862. 

Thus from the issue of temporary notes caused by deficien- 
cies in its revenues, the national government has adopted a 
definite policy of providing a large share of the circulating 
medium in the form of paper notes, without reference to the 
fiscal condition of the government. Nevertheless, this distinct 
work has continued to be performed by officials primarily 
charged with fiscal interests: the Secretary of the Treasury, 
the treasurer and the register of the treasury. Moreover, until 
1900 even the accounts of the treasury did not distinguish 
clearly between the fiscal and currency balances. By an act 
of that year, however, a separate account dealing with the issue 
and redemption of currency was established, and the treasury 
statements now distinguish this account from the general fund 
of the treasurjr. At the same time the permanent gold reserve 
against uncovered notes was increased to $150,000,000; and 
specific authority was given to issue short term bonds if neces- 
sary to keep at least $100,000,000 in this fund. 

Supervision of National Banks.— Mention has already been 
made of the first and second banks of the United States, which 
were chartered by Congress and operated under government 
supervision. After the expiration of the charter of the second 
bank in 1836 there was no national supervision of banking 
until the new system of national banks was established in 1862. 
In 1865 Congress laid a tax of 10 per cent, per annum on the 
notes of state banks ; thus hampering the latter and encourag- 
ing the formation of national banks, which for a time did most 



THE DEPARTMENT OF THE TREASURY— II 127 

of the banking business of the country. In recent years note 
issue has become a less important feature of banking; and 
since 1890 there has been a marked revival of state banks and 
trust companies. But national banks are still of somewhat 
greater importance. In 1904 there were 5,457 national banks, 
with a capital of $777,000,000, circulating notes up to $456,- 
000,000, and deposits amounting to over $5,000,000,000. 

Government supervision over the national banks is exercised 
in chartering them, by printing and issuing their circulating 
notes, by examining their condition, by assuming charge of 
insolvent institutions, and by taxing them. Most of these 
functions are undertaken by a special bureau under the comp- 
troller of the currency ; a small part, as the custody of bonds 
and the collection of the tax, is performed by the treasurer of 
the United States. 

The comptroller of the currency is appointed by the Presi- 
dent and Senate for a term of five years. He receives a salary 
of $5,000 a year, and is required to furnish a bond in the pen- 
alty of $100,000. He is prohibited from being directly or 
indirectly interested in any association issuing national cur- 
rency. 

No national bank can begin business until the articles of 
association have been submitted to the comptroller and ap- 
proved by him. It is his duty to see that the capital stock has 
been subscribed 1 and paid in, and that United States bonds 
have been deposited in the treasury as security for bank notes ; 
but there is no inquiry as to the commercial need for a bank in 
the place where it is to be located. No increase or reduction in 
the capital stock may be made without the authorization of the 
comptroller of the currency. 

National banks may issue notes secured by United States 
bonds deposited in the treasury. The comptroller of the cur- 
rency is required to have notes prepared for this purpose, and 
to issue them to the banks when properly secured. He has also 

1 A minimum of $25,000 capital is required in towns of not over 3,000 ; 
and $50,000 in larger places. 



128 THE NATIONAL ADMINISTBATION 

charge of the redemption of worn, mutilated or defaced bank 
notes, and the issue of new notes in their stead. If any bank 
fails to pay its notes, the comptroller is authorized to sell the 
bonds deposited as security and provide for the payment. 

Supervision is also maintained over the other operations of 
the national banks by a system of reports and examinations. 
Each bank must make to the comptroller not less than five 
reports a year, at dates named and on forms prescribed by him, 
showing in detail its resources and liabilities. Reports must 
also be made of all dividends voted, and of the earnings. 
About eighty national bank examiners are now employed in 
personal examinations of the banks. These are appointed by 
the comptroller, and are usually assigned to definite districts. 
They have power, under the comptroller, to visit without notice 
any national bank, inspect their books of account, securities 
and other assets and liabilities, examine the bank officers and 
directors under oath, and inquire into all matters necessary to 
a full understanding of their condition. The expenses of these 
examinations are met by fees paid by the banks. 

At the beginning of each session of Congress, the comptroller 
makes an annual report on the condition of the banks, a record 
of the work of the bureau, and suggestions as to the amendment 
of the banking and currency laws. These discussions and rec- 
ommendations of the comptrollers have usually aroused public 
interest almost as much as the reports of the Secretary of the 
Treasury. 

This system of government supervision over national banks 
has been successful in establishing a thoroughly safe system of 
guaranteed bank notes ; and while there have been a consider- 
able number of bank failures, these have never been disastrous. 
But the volume of note issues is so closely limited that it fails 
to meet the demands of commerce ; and there is a strong pres- 
sure for allowing note issues on the general assets of the banks, 
restricting the amount of such issues by taxing the circulation 
in excess of certain limits. 



THE DEPARTMENT OF THE TREASURY— II 129 

MISCELLANEOUS BUREAUS 

There still remain in the department of the Treasury a num- 
ber of bureaus which have no special relation either with the 
government finances or with the currency or with each other. 
The marine hospital and life saving services might well be 
placed in the department of commerce and labor; and the 
bureau of engraving should have some official connection with 
the Government Printing Office. But as now organized, they 
must be considered in connection with the department of the 
Treasury. 

The Public Health and Marine Hospital Service 1 is under the 
direction of the surgeon-general, appointed by the President 
and Senate at a salary of $5,000 a year. This officer is always 
a member of the medical profession, and the position is per- 
manent and not subject to political changes. 

In its origin this service was established to provide medical 
assistance for sick and disabled seamen in the merchant marine, 
but to this have been added functions in the prevention and 
suppression of contagious diseases. The marine hospital serv- 
ice was established in 1798, and reorganized in 1870. There 
are now forty stations at the principal shipping ports, where 
hospitals are maintained for the medical treatment and care of 
sailors, supported principally by a small tax on sailors ' wages. 
The officers of the marine hospital service make physical exam- 
inations of candidates for the revenue cutter and life saving 
services, of applicants for pilots' licenses and— on request of 
the master or agent— of seamen in the merchant marine. 

In 1878 there was established a national board of health, 

which had only a brief existence ; but in recent years powers 

which might be assigned to such a body have been conferred 

on the surgeon-general, who is now to a considerable degree a 

public health officer for the whole country. By the inter-state 

quarantine law of 1890, he was authorized to adopt measures to 

prevent the spread of certain contagious diseases from one 

state to another, and to supervise the medical examination of 

x Science, Vol. 18, 289. 
9 



130 THE NATIONAL ADMINISTKATION 

alien immigrants. In 1893 he was given control over the 
national quarantine service. And in 1902 he was authorized 
to call annual conferences of state health and quarantine offi- 
cials ; and at the same time the name of the service was changed 
to the public health and marine hospital service, in order to 
indicate its enlarged functions. The bureau contains labora- 
tories for the investigation of contagious diseases; and pub- 
lishes weekly health reports from state and foreign health 
authorities. 

The Life Saving Service, under the charge of a general super- 
intendent at $4,000 a year, is established for the saving of life 
and secondarily of property from stranded or endangered ves- 
sels upon the United States coasts. The general superintendent 
has supervision over the entire service ; and also prepares an 
annual statistical report on all marine disasters in United 
States waters, and disasters to United States vessels abroad. 
The coast line is divided into districts, each under a superin- 
tendent, who must be an experienced surfman and familiar 
with his coast and its inhabitants. He selects the keepers of 
the stations, and is responsible to the general superintendent 
for the efficiency of his district. Each station force consists of 
a keeper and six men. The keeper must be an experienced 
surfman, he selects his crew and has charge of the property 
and controls the station service. The stations are in operation 
from September to May on the sea and gulf coasts, and on the 
lakes during the navigation season. During these seasons a 
watch must be kept at all times, and in heavy weather and at 
night a constant patrol of the coast. In case a wreck is dis- 
covered, the station is notified and the entire force is employed 
in rescuing those on board. So far as practicable also property 
is saved. 

Supervising Architect. 1 — Before 1853 there were compara- 
tively few government buildings, and no systematic method of 
providing for their construction. The Secretary of the Treas- 

1 Philadelphia Becord, July 12, 1902, p. 6, * « The Government Construc- 
tion Bureau,' ' 



THE DEPARTMENT OF THE TREASURY— II 131 

ury was charged with the erection of public buildings, and 
there was an architect employed by the department; but his 
duties were mainly as inspector, while the plans for buildings 
were drawn by local architects and the buildings were con- 
structed under the supervision of a local committee. In 1853 
the government owned twenty-three custom houses and eight- 
een marine hospitals, completed, and had fifteen new custom 
houses in course of construction, costing $8,887,350. In that 
year a bureau of construction was organized in the department 
of the Treasury, with an engineer officer and a supervising 
architect ; and in 1862 the title of the bureau was changed to 
that of office of the supervising architect. 

This office has the following duties: (1) the selection and 
purchase of sites for government buildings, such as custom 
houses, court houses, post-offices, mints and assay offices; (2) 
the preparation of plans for the buildings or the decision 
between competitive plans from private architects; (3) letting 
contracts for construction or the actual construction of build- 
ings; (4) leasing of buildings for the public service under the 
department of the Treasury. The office has a force of archi- 
tects and draughtsmen, and also superintendents of construc- 
tion for the inspection of buildings in process of erection. 

Custodians of the various government buildings throughout 
the country are also paid from and attached to the department 
of the Treasury; but there is no special bureau or system of 
supervision for this branch of the government service. 

The Bureau of Engraving and Printing designs, engraves, 
prints and finishes all of the steel engraving work for the gov- 
ernment; embracing notes, bonds, certificates, national bank 
notes, internal revenue, postage and customs stamps, treasury 
drafts and checks, disbursing officers' checks, licenses, commis- 
sions, and patent and pension certificates. It is the largest and 
most complete establishment of the kind in the world. It is 
under the direction of a chief at $4,500 a year, and is an en- 
tirely distinct institution from the Government Printing Office. 

The Secret Service is a body of detective agents chiefly con- 



132 THE NATIONAL ADMINISTRATION 

cerned with the discovery of frauds and crimes against the 
national government, particularly counterfeiting coins and 
currency. Some of its agents are employed in guarding the 
President ; and in time of war its work of espionage is further 
extended. The service has been established since 1861; and 
for a few years was attached to the department of State. In 
1865 it was transferred to the department of the Treasury, 
where a special division was established, with a chief as gen- 
eral superintendent of the service and a small staff of clerks to 
look after the correspondence and reports of the agents. The 
agents are employed in different parts of the country, wherever 
their services may be needed from time to time. 



CHAPTER IX 

The Department of War 

References. — L. D. Ingersoll: History of the War Department (1879); 
Military Laws of the United States (1901) ; Army Eegulations. — 
K. P. Thian: Legislative History of the General Staff of the Army 
of the United States (Senate Document, 1901, No. 229).— D. Y. 
Thomas : A History of Military Government in Newly Acquired Ter- 
ritory of the United States (Columbia University Studies in Political 
Science, Vol. 20). — T. H. Hamersley: Army and Navy Register, 
1776-1887.— T. A. Dodge, in N. S. Shaler: United States, I, ch 11.— 
Scrioner's Magazine, 30:286-593; 33:661; 34:85. — United Service 
Magazine, 4:309. — North American Beview, 168:385; 174:275. — 
Atlantic Monthly, 89:437. — Forum, 30:653; 33:151. — Beview of 
Beviews, 18:686.— Harper's Monthly, 48:670; 49:101, 401.— Ameri- 
can Law Beview, 32 : 366. 

West Point Academy 
North American Beview, 34:246; 52:23; 57:269; 159:61; 160:668.— 
United Service, 9:366. — International Monthly, 3:411, 

River and Harbor Works 

Chief of Engineers., U„ S. A., Annual Reports. — Lalor's Cyclopedia, on 

Internal Improvements. — Ao B. Hart: Practical Essays, No. 9. — Journal 

of the Franklin Institute, 65:21; 139:343. — North American Beview, 

24:1 ; 51:130, 331; 158:343.— Annals Am. Acad, Soc. and Pol. Sci., 2:782. 

The history of the department of War, like that of the other 
departments thus far considered, begins with the Continental 
Congress ; and the machinery for carrying on the Revolution- 
ary War was the first and most important branch of adminis- 
tration which that body had to undertake. In the colonies the 
management of military affairs had been under the immediate 
control of the governors, as the representatives of the Crown. 
The Continental Congress, however, had no single executive; 
and the early measures adopted were to appoint committees 
for particular business. One of the first committees of the 

133 



134 THE NATIONAL ADMINISTRATION 

Congress was that to consider ways and means to secure ammu- 
nition and military stores, established in May, 1775. Other 
committees followed for special purposes ; and as the war pro- 
gressed grand committees were organized with more general 
duties. In June, 1776, a board of war and ordnance was 
established, resembling in form the contemporary British ord- 
nance department, but embracing also the functions of the 
British secretary for war. It consisted of five members of 
Congress, and John Adams was the first chairman of the board, 
which before long assumed the functions of the various other 
military committees. In October, 1777, a new board of war 
was established, composed at first of three and later of five 
members, not delegates in Congress, of which General Gates 
became chairman in 1778. The former board of war and ord- 
nance, however, continued in existence as a supervising com- 
mittee of the Congress. In spite of the disadvantages of this 
system, due to frequent changes in the board and lack of 
responsibility, it continued until 1781. After a long contest 
in the Congress it was resolved (February 7) to appoint a 
Secretary at War ; and after eight months' more delay, in Octo- 
ber, General Benjamin Lincoln was chosen for the position; 
and in January, 1782, the new organization was effected and 
the board of war retired. With the conclusion of peace, the 
War office became of little importance, but under Henry Knox, 
who became secretary in 1785, the department was thoroughly 
organized and well conducted. 

In 1789 the act organizing the War department under the 
constitution was passed, August 7. So far as the management 
of the army was concerned this made no important changes, 
and Knox was continued as secretary. The duties of the de- 
partment were, however, extended to include the management 
of naval affairs, transferred from the treasury board, the super- 
vision of bounty lands, Indian affairs and one or two other 
matters. These additional duties have since been removed 
from the department of War to the department of the Navy 
'(1798) and the department of the Interior (1849). 



THE DEPAETMENT OF WAR 135 

On the other hand, besides the development of the depart- 
ment in the field of military administration, other functions 
have been imposed of a non-military character. It has under 
its charge the improvement of rivers and harbors, carried on 
by the engineer corps of the army ; and since 1898 has had con- 
trol over the administration of outlying possessions of the 
United States. Besides its own essential functions, the depart- 
ment of War is thus also a department of public works and 
a department of the colonies. 

To make clear the distinction between the various adminis- 
trative services under this department, they will be examined 
under different headings. The strictly military administra- 
tion includes, first, the organization of the army as a force of 
combatants, and second, the auxiliary administrative bureaus. 
After these will be examined the administration of public 
works and of colonial civil government. 

THE ARMY 

The Revolutionary War was fought with an irregular army, 
composed of successive relays of untrained volunteers. The 
total number of enlistments was 231,791, while in addition 
there were various bodies of militia estimated at from 60,000 to 
100,000; but there were never more than 25,000 men on the 
rolls at one time, and the average service of each man was less 
than one year. Until 1777 the company #nd regimental officers 
were elected, while Congress appointed only the general officers. 
Systematic and effective drill and discipline was not intro- 
duced until 1778, when Steuben took charge of this work. 

In 1783 the army was disbanded, except two small guards of 
eighty men at Fort Pitt and West Point. The western forts 
were garrisoned by state militia until 1785, when ten companies 
of United States troops were organized ; and this number was 
increased in 1789 to 840 men. The following year there was a 
slight increase ; and during the campaigns against the Indians 
in the Northwest territory the army was raised to 5,000 in 
1792, with some state militia also employed ; but by 1796 the 



136 THE NATIONAL ADMINISTEATION 

number was reduced to 2,800. In 1798, at the time of the 
threatened war with France, a force of 40,000 plus volunteers 
was authorized; but only a small portion was enlisted; and 
after the trouble the numbers were again reduced to less than 
3,000. In Jefferson's administration came the more definite 
organization of a force representing all branches of military- 
service. In 1802, West Point academy was established; and 
in 1808, a force of 10,000 men in eleven regiments was enlisted 
in view of the difficulties with Great Britain. Before the War 
of 1812 broke out, the troops were used in suppressing Indian 
outbreaks in the Northwest. 

During the war of 1812, the authorized strength of the army 
was raised to 68,000 ; and the total enlistments reached 85,000, 
while militia aggregating 470,000 were also called out. But 
there were never more than 30,000 in the regular army and as 
many more of militia in service at one time. In the New Eng- 
land states the governors opposed calling out the militia ; and 
although the right of the President was established, this was 
the last time when the state militia, as such, have been em- 
ployed by the national government. The army was in fact 
unsuccesful in this war, notably at Detroit, Quebec and Wash- 
ington, but its record was somewhat retrieved by Jackson's 
victory at New Orleans. In 1815 the army was reduced to 
10,000 ; and in 1821 to 6,000 ; and under Calhoun as Secretary 
of War this army was now established on a permanent basis. 
In 1818, the staff corps was organized on a system which re- 
mained in force until 1901. From 1815 to 1846 the army was 
engaged in frontier service, and in several Indian wars, e. g., 
the Seminole War, in 1818; the Black Hawk War, 1831-32; 
and the Seminole War, 1835-1843. 

At the outbreak of the Mexican War the army consisted of 
8,200 men ; and to carry on this contest a large increase was 
made. Altogether, 101,280 men were enlisted, 31,000 of them 
in the regular army; but the maximum strength at one time 
was 21,700 regulars and 29,000 volunteers. The actual fight- 
ing was done mainly by the regular army, now under the con- 



THE DEPARTMENT OF WAR 137 

trol of officers trained at West Point academy ; and in marked 
contrast with the War of 1812, the military affairs were thor- 
oughly successful. 

On the conclusion of peace in 1848, the volunteers were dis- 
missed, and the regular army was again reduced, at first to 
fifteen regiments with 8,800 men, but in 1855 the number was 
increased to 12,000. This army was now employed in explor- 
ing and surveying expeditions west of the Mississippi, in 
Indian conflicts, in the Kansas-Nebraska troubles of 1855-6, 
and in an expedition against the Mormons in 1857. 

When the southern states seceded in 1860-1, a fourth of the 
army officers resigned ; and as large a proportion of the enlisted 
men were made prisoners in Texas at the outbreak of hostilities, 
leaving only about 8,000 troops as the nucleus for the Union 
forces. During the struggle the army developed in size far 
beyond anything ever before seen in America. An increase to 
41,000 was authorized for the regular army, but not over 26,000 
were enrolled; and the great bulk of the Union troops was 
composed of volunteers. These volunteers were enlisted, or- 
ganized and partly drilled by state authorities before definitely 
enlisting under the national government ; and after Bull Kun 
no battles were fought with untrained men. The grand total 
of enlistments during the Civil War was 2,750,000; and the 
maximum enrollment was 918,000 in January, 1863, and over 
a million during 1864 and 1865. But the largest number pres- 
ent in the army at one time was not over 700,000, in January, 
1863 ; and of the million men on the rolls during the last year, 
not more than 260,000 were with the fighting armies. During 
this war 93,000 men were killed in battle, 186,000 died of dis- 
ease, and 25,000 died from other causes. 

In 1866 the volunteer forces were disbanded, and the regular 
army was reorganized with 54,000 men. This number was 
reduced in 1869 ; and in 1874 there was a further reduction to 
26,000, which remained the authorized strength for twenty- 
four years. Up to 1887 the greater part of the troops was 
stationed on the western frontier and engaged in suppressing 



138 THE NATIONAL ADMINISTRATION 

Indian outbreaks; but after these difficulties were overcome, 
during the next ten years more and more of the troops were 
stationed in permanent posts near large cities. Reference has 
already been made 1 to the use of troops at Chicago in 1894 to 
suppress violent interference with the postal service and inter- 
state commerce. They have also been used on various occasions 
to suppress domestic violence, mainly in the mining regions of 
the far west, on the application of state governors. 2 During 
this period following the Civil War the engineer officers came 
to be largely employed in connection with the extensive river 
and harbor works undertaken by the national government. 

Another sudden increase in the army was brought about by 
the Spanish War of 1898. During the war with Spain 58,000 
men were enrolled in the regular army and 216,000 more in 
volunteer forces; while 40,000 troops were sent to the field, 
mostly regulars. These numbers were soon reduced; but the 
fighting in the Philippine Islands has necessitated a permanent 
increase in the army. In 1899 a force of 65,000 in the regular 
army and 35,000 volunteers was authorized. In 1901 the vol- 
unteers were disbanded and the regular army was reorganized 
with an authorized maximum strength of 100,000 ; but at the 
present time the total strength of the army is about 60,000 
men, of which 25,000 are stationed in the Philippine Islands. 

Under Secretary Eoot (1899-1903) radical changes have 
been made in the administrative arrangements. In 1901 the 
staff departments were reorganized, and in 1903 a general staff 
was established after the model of the armies in continental 
Europe, and the relations of the national government to the 
state militia have been reorganized. 

At the present time the combatant army consists of thirty 
regiments of infantry, fifteen regiments of cavalry, and one 
corps of artillery. Each infantry regiment consists of three 
battalions, each containing four companies, while every com- 

1 See page 38. 

* Cf . F. T. Wilson, Federal Aid in Domestic Disturbances, Senate Docu- 
ment 209, 57th Congress, 2d session (1903). 



THE DEPARTMENT OF WAR 139 

pany may have from 68 to 152 officers and men. Each cavalry 
regiment consists of three squadrons, each with four troops, 
every troop having from 68 to 103 officers and men. The artil- 
lery corps consists of thirty batteries of field artillery and one 
hundred and twenty-six batteries of coast artillery, with a total 
of not more than 18,920 men. These army units are organized 
into brigades, consisting of three or more regiments, each of the 
three branches of combatants being represented; and further 
into divisions, each of which consists of three brigades. 

In the large European armies there are still larger units, the 
army corps, each consisting of three or more divisions, under 
the command of a lieutenant-general or field marshal, which 
are brought together for field manoeuvres on a large scale every 
year. In the United States even the divisions and brigades, 
and often the regiments as well, are subdivided and scattered 
at different posts, and are seldom brought together for field 
manoeuvres. 

Entirely independent of the army units are the territorial 
military districts. The whole territory under the jurisdiction 
of the United States is divided into five military divisions ; and 
each of these in turn is subdivided into two or more military 
departments. Each division is under the command of a major- 
general ; and most of the departments are under the command 
of brigadier-generals. The various bodies of troops and the 
commanding officers are transferred from one division and 
department to another according to the needs of the service 
from time to time. 

State militia are under the immediate control of state author- 
ities; but the national government lends important financial 
and other aid as a means of maintaining higher standards. 
This aid includes the supply of arms and brief periods of field 
training under army officers in state and inter-state encamp- 
ments. 

Except during the latter part of the Civil War, the army of 
the United States has always been recruited by voluntary 
enlistment. Recruits must be able-bodied men between the 



140 THE NATIONAL ADMINISTEATION 

ages of eighteen and thirty-five at the time of their first enlist- 
ment. All enlistments are for three years ; and desertion with- 
in this period is severely punished— in time of war death is the 
authorized penalty. Reenlistments are encouraged by increase 
of pay for continuous service, and a retiring pension for those 
who have served for thirty years. 

Army officers are appointed by the President by and with 
the advice and consent of the Senate. In times of peace, this 
appointing power is ordinarily limited to graduates of the West 
Point military academy, and to the promotion of officers mainly 
on the basis of seniority of service. But during war, or when 
there is for other reasons an increase in the army, appointments 
must be made from outside sources, and there is room for polit- 
ical and personal influences. Thus of the 2,900 line officers in 
1902, 1,800 had been appointed since the beginning of the war 
with Spain, and of these but 276 were graduates of West Point 
academy. 

Ordinarily an officer is first appointed as second lieutenant ; 
and by promotion he may become in turn first lieutenant, 
captain, major, lieutenant-colonel, colonel, brigadier-general, 
major-general and lieutenant-general. There are now twenty- 
four brigadier-generals, seven major-generals and one lieuten- 
ant-general. For long periods the highest military officer in 
the United States has been a major-general; and the position 
of lieutenant-general has been held only by Scott, Grant, Sher- 
man, Sheridan, Schofield, Miles, Young and Chaffee. The 
higher rank of general has been even more exceptional; and 
has been given only to Washington, Grant, Sherman and Sher- 
idan. Officers' salaries begin at $1,400 for an infantry second 
lieutenant, and increase slowly to $3,500 for colonels. Briga- 
dier-generals receive $5,500, major-generals $7,500, and the 
lieutenant-general $11,000 a year. 

MILITARY BUREAUS 

Administrative services connected with the management of 
the army are under the control of the various bureaus of the 



THE DEPARTMENT OF WAR 141 

War department. The general supervision of all of these 
bureaus is in the hands of the Secretary of War and an assist- 
ant Secretary of War— the latter office established in 1890; 
both of whom, with their immediate subordinates, are chosen 
from civil life. Each of the various staff bureaus, on the other 
hand, is in charge of army officers. Until 1901 assignments to 
staff positions were permanent; and the higher positions in 
each bureau were filled by the promotion of officers already in 
the bureau. But since that date vacancies in these bureaus, 
except the engineer and medical services, are filled by detailing 
a line officer for a period of four years, after which he must 
serve at least two years in the line before again going on staff 
duty. 

The General Staff, established in 1903, is intended to prepare 
intelligent and effective plans for the conduct of military oper- 
ations ; and it is hoped will also serve to harmonize the civil and 
military control of the army. Formerly the military officer of 
highest rank was designated the commanding general; but 
while his title seemed to imply an authority over the whole 
army, his specific powers were very limited, and it frequently 
happened that the Secretary of War preferred to consult with 
and act on the advice of staff officers of inferior rank. This 
situation inevitably led to friction between the commanding 
general and the secretary ; which it may be noted has also often 
been the case in Great Britain, where there is the same attempt 
to place a civil official above the commanding general. 

Under the new system the title of commanding general has 
disappeared ; and in its place there is to be a chief of staff, with 
the rank of lieutenant-general, to be designated by the Presi- 
dent for a period of four years, thus making it possible for each 
President to select an officer in whom he has confidence. In 
addition to the chief, the general staff consists of selected offi- 
cers of various ranks, from captains to major-generals, also 
assigned to this service for a brief term of years. The prin- 
cipal duties of this general staff are to prepare plans for the 
national defense and for the mobilization of the military forces 



142 THE NATIONAL ADMINISTRATION 

in time of war ; to act as an investigation and intelligence office 
in reference to the efficiency of the army and its preparation 
for military operations; and to advise the Secretary of War 
and general officers in coordinating the action of the different 
administrative bureaus. 

The chief of staff has also, under the direction of the Presi- 
dent or of the Secretary of War, the supervision of all the 
troops of the line and of the various administrative bureaus, 
auxiliary to military operations, which had hitherto been al- 
most independent of each other and of any general control. 

The Military Secretary is an office established in 1904, by 
consolidating the adjutant-general's bureau with the record 
and pension office. It is the bureau of records, orders, and 
correspondence of the army and militia. It has charge of the 
recruiting service ; keeps complete records in regard to the per- 
sonnel of the army (including enlistments, appointments, pro- 
motions, resignations, deaths and other casualties) ; transmits 
to subordinate officers military orders of the President and 
Secretary of War ; and preserves reports of the military move- 
ments and operations of troops. Before the establishment of 
the general staff, the adjutant-general was the only source of 
military information, and he advised and prepared many of the 
military orders, and thus often exercised more powers than the 
commanding general. Under the present arrangements the 
military secretary is distinctly subordinate to the chief of staff. 

The former record and pension office was organized in 1892 
for preservation of the records of the volunteer armies of the 
United States. Constant reference is made to these records 
by the pension and treasury officials ; but the bureau itself took 
no direct part in pension administration, and its title was 
somewhat of a misnomer. Besides the records of enlistment 
and service in the volunteer armies, the office has the records 
of the defunct provost marshal-general's bureau, the f reed- 
men's bureau, and also the legislative, executive and judicial 
archives of the Confederate government. An important work 



THE DEPARTMENT OF WAR 143 

of this bureau has been the publication of the ' ' Official Records 
of the War of the Rebellion. ' ' 

The Inspectors-General are a small force of army officers, the 
chief holding the rank of brigadier-general, who visit and in- 
spect military stations, depots, fortifications and public works 
in charge of army officers ; and examine and report on the con- 
duct, discipline and efficiency of the officers and troops, the 
condition of arms, equipment, supplies and government prop- 
erty, the expenditure of money and the accounts of disbursing 
officers. Every military post must be visited once a year, and 
the financial accounts are examined three times a year. 

The Quartermaster-General has charge of army transporta- 
tion and of supplies other than food, arms and ammunition. 
His bureau arranges for transportation by railroad and main- 
tains a fleet of vessels for moving the army over the seas. It 
furnishes animals, forage, wagons for transport service, cloth- 
ing, camp and garrison equipment, barracks and storehouses. 
Large storehouses are owned or rented by the government in a 
number of important cities, where the various army stores are 
collected and held for shipment when needed. Before 1901, 
assignments to this bureau were permanent, and could be made 
from persons not in the army; but now new assignments are 
made from line officers for a period of not more than four 
years. 

The Commissary -General of Subsistence, an officer with the 
rank of brigadier-general, has charge of the subsistence bureau. 
This provides and issues the regular rations, purchases and 
distributes articles authorized to be kept for sale to the officers 
and men, and makes a preliminary examination of the accounts 
of subsistence expenditure. It maintains large storehouses in 
various cities and commissary posts with the various divisions 
of the army, under the charge of army officers chosen as in the 
quartermaster-general's bureau. 

The Surgeon-General has control of the medical service. 
This is charged with the duty of caring for the sick and 
wounded, furnishing medical aid and hospital supplies, except 



144 THE NATIONAL ADMINISTRATION 

animals, and investigating the sanitary condition of the army. 
Supply depots and several permanent hospitals are maintained, 
besides field hospitals when the army is in active operation. 
Physicians are appointed to the service from civil life, and are 
given rank as army officers. A corps of nurses and other 
assistants and employees are also attached to the service. 

The Paymaster-General has charge of paying the officers and 
men and the civil employees of the department, and conducts a 
preliminary examination of the accounts of the disbursing offi- 
cers. Officers and men are ordinarily paid once a month. The 
various paymasters are army officers, with such clerical assist- 
ance as is necessary. 

The Signal Corps, consisting of 35 officers and 750 enlisted 
men, has charge of the construction, repair and operation of 
military telegraph lines, and the collection and transmission of 
information for the army in the field. 

The Judge Advocate-General is the head of the bureau of 
military justice. All charges and specifications against officers 
for military offences are prepared in his name ; and he receives, 
reviews and keeps records of all courts-martial, courts of in- 
quiry and military commissions. He reports on applications 
for clemency in the case of military prisoners. He also acts as 
legal adviser to the department of War on all questions per- 
taining to the army, and also in civil matters, such as lands 
under the control of the department and the erection of bridges 
over navigable waters. He and the staff of judge advocates 
are appointed from army officers who have had legal training. 
The judge advocates act as prosecuting officers and legal advis- 
ers to courts-martial and courts of inquiry. 

The Board of Ordnance and Fortifications has charge of spe- 
cial investigations in reference to ordnance for fortifications, 
and general supervision of the construction and armament of 
such fortifications. The detailed work is, however, performed 
by the engineer corps and the ordnance bureau. The board 
consists of six army officers (the chief of staff, one engineer 



THE DEPABTMENT OF WAE 145 

and one ordnance officer, and three officers from the artillery 
corps) and one civilian member. 

The Chief of Ordnance has charge of the ordnance bureau, 
which purchases, manufactures and distributes artillery, small 
arms and all the munitions of war for the fortresses, field 
armies and state militia. This includes determining the prin- 
ciples of construction, prescribing in detail the models and 
forms of military weapons, maintaining uniformity and econ- 
omy in their manufacture and ensuring their good quality. 
For the manufacture of various arms and ammunition there 
are eleven arsenals in different parts of the country, the most 
important of which are the Watervliet arsenal for the manu- 
facture of heavy guns and the Rock Island arsenal and Spring- 
field (Mass.) armory for the manufacture of rifles and ammu- 
nition. About seventy army officers are attached to the bu- 
reau, besides ordnance sergeants and a large force of clerical 
and mechanical employees. 

PUBLIC WORKS 

The Corps of Engineers is not only the engineering branch 
of the army, but also a department for the construction of pub- 
lic works which have little or no relation to military operations. 
In its primary capacity, it has charge of the construction of 
military roads and bridges ; and in this direction its work has 
been mainly confined to temporary works for armies in the 
field. As a further development of its military activities, the 
corps of engineers erect permanent fortifications, the most 
important of these being along the seaboard for coast defence. 
Their non-military works have included geographical explora- 
tions and surveys in the unsettled districts of the country, the 
construction of river and harbor improvements, and municipal 
public works in the District of Columbia. The honor men 
from the West Point academy usually join the engineer corps ; 
and the officers are thus a select body of able and trained men 
holding permanent positions in the government service. Dur- 
ing war, a considerable number of engineers are with the troops 
10 



146 THE NATIONAL ADMINISTRATION 

in the field. But the greater number are located at different 
posts throughout the country in charge of the public works of 
a definite local district. Several local districts form larger 
districts under the general direction of higher officers, while 
the whole corps is under the supervision of the chief of engi- 
neers, who holds the rank of brigadier-general. 

Important non-military public works have been undertaken 
by the national government mainly since the Civil War. Gal- 
latin, Secretary of the Treasury, as early as 1808 prepared a 
plan for an extensive series of canals which should form an 
inland water route along the Atlantic coast ; but this plan was 
never executed by the government, although some links have 
been built by private enterprise. In 1807 the government 
began the construction of the Cumberland road, which was 
eventually constructed from Maryland into Indiana. But 
questions as to the constitutionality of such works prevented 
any large development at that time of national undertakings; 
and it was left to the states to promote the construction of 
canals and railroads. 

The first appropriation for river and harbor improvements 
was made in 1822, amounting to $22,000 ; and small appropria- 
tions were made almost annually after 1854, usually under the 
head of " fortifications. ' ' In 1867, the first large appropria- 
tion was made, amounting to nearly $9,000,000; and every 
Congress since then has made large appropriations, showing a 
strong tendency to increase in amount. The largest annual 
appropriation has been $25,000,000, in 1900. There is said to 
be a great deal of "log-rolling" in securing the passage of river 
and harbor bills, each member of Congress insisting on some 
appropriation for improvements in his district. Owing to this, 
there is a considerable part of the expenditure wasted on unim- 
portant works ; and still more spent on distinctly local works. 
A good deal of loss has also been caused by the method of 
making appropriations only for the amounts to be spent in a 
single year. When, as often happened, no river and harbor 
bill became law, the unfinished works were not only delayed 



THE DEPARTMENT OF WAR 147 

but often seriously injured during the cessation of work. This 
latter difficulty is now obviated to some extent by authorizing 
continuing appropriations to cover contracts for the whole of a 
given undertaking. 

Among the important works may be noted the canals around 
the falls in the Mississippi river at Kock Island, around the 
falls of the Ohio river at Louisville, and at Sault Ste. Marie, the 
lake and coast harbors, and the jetties at the mouth of the Mis- 
sissippi. Large sums have been spent in trying to straighten 
and deepen the Mississippi and Missouri rivers, but with no 
valuable results. Works on the lower Mississippi river are 
under the supervision of a special commission, consisting of 
three army officers and four civilians. A special commission 
has also been appointed for the construction of the ship canal 
from the Atlantic to the Pacific across the isthmus of Panama, 
and the government of the canal zone. 

Independent of the general staff, and standing in direct rela- 
tions to the Secretary of War are the military academy at West 
Point, the management of a number of military parks and 
cemeteries, and the machinery of civil administration in the 
Philippine Islands. 

The United States Military Academy, at West Point, N. Y., 
is the training school for officers in the army. Established in 
1802, the academy was reorganized and put on a firm founda- 
tion in 1817, the first results of the new system of training 
being shown in the Mexican War. For the last fifty years its 
graduates have constituted a large majority of the officers of 
the regular army in time of peace ; but the officers of volunteer 
armies and new appointments in the regular army during and 
after wars have in large measure been appointed from other 
sources. 

General supervision of the academy is maintained by the 
Secretary of War and a board of visitors consisting of seven 
members appointed by the President of the United States, two 
by the president of the Senate, and three by the speaker of the 
House of Representatives. The superintendent and military 



148 THE NATIONAL ADMINISTEATION 

instructors are officers of the army. Cadets are appointed, one 
from each congressional district, territory and the District of 
Columbia, two at large from each state, and thirty at large 
from the United States. Appointments are made by the Presi- 
dent of the United States ; but by custom all but the thirty at 
large are selected by the members of Congress. All candidates 
are subjected to a physical and intellectual examination, which 
about one-fourth of the appointees fail to pass. The course of 
instruction lasts for four years, and is largely mathematical, 
scientific and military, with special reference to military engi- 
neering ; but includes also modern languages, history, and con- 
stitutional and international law. The cadets receive $609.50 
a year, and from this must maintain themselves. Graduates 
receive appointments as second lieutenants in the army, the 
highest rank men having the preference as to the branch of 
service, and must serve for two years, after which they may 
resign from the army. 

Postgraduate schools of military instruction for army officers 
are also maintained now at certain army posts throughout the 
country. These include a school for engineers at Willett's 
Point, N. Y., a school for artillery officers at Fortress Monroe, 
Va., a school for infantry and cavalry officers at Fort Leaven- 
worth, a school for cavalry and field artillery officers at Fort 
Riley, and the Army War College for the most advanced in- 
struction at Washington, D. C. 

Military Parks and Cemeteries.— Several of the most impor- 
tant battle fields of the Civil War have been purchased by the 
national government and are maintained as public reservations 
or parks, at Chickamauga, Gettysburg, Shiloh, Vicksburg and 
Antietam. Each of these parks is under the control of a board 
of commissioners. At Arlington, Va., is the national military 
cemetery. 

CIVIL ADMINISTRATION 

In addition to its distinctively military functions and its 
management of national public works, the department of War 
has at several times had charge of the general administration of 



THE DEPAKTMENT OF WAE 149 

government in various districts under the jurisdiction of the 
United States. The precise nature of the powers exercised and 
the methods of administration adopted have varied under dif- 
ferent conditions. 

(1) In suppressing internal disorder, martial law has some- 
times been established, this involving the suspension of the 
writ of habeas corpus, and the exercise of judicial powers over 
private citizens by military tribunals. 

(2) In the conduct of war it has often become necessary to 
establish a military government over the territory occupied as 
a result of the campaigns. Thus during the Mexican War, 
such military governments were maintained, not only in the 
districts afterwards annexed to the United States (California 
and New Mexico), but also in districts returned to Mexico at 
the conclusion of the war. During the Civil War similar mil- 
itary governments were established in the southern states ; and 
as a result of the Spanish war they were also maintained for 
a time in Cuba, Porto Rico and the Philippine Islands. Such 
military governments are instituted by the President as 
commander-in-chief of the army and navy, and are carried on 
under the direction of army officers, who exercise legislative, 
judicial and executive powers restricted by none of the lim- 
itations of either the national or state constitutions. This un- 
limited authority is based on the existence of a condition of 
war and ends with the conclusion of peace. Foreign territory 
temporarily occupied is then restored to its former govern- 
ment; and territory ceded to the United States comes under 
the control of Congress, although the military government, 
with restricted powers, may be provisionally continued until 
Congress otherwise directs. 

(3) Over territory ceded to the United States a provisional 
military government has usually been maintained for a time. 
On the annexation of Florida in 1821, Andrew Jackson was 
appointed as military governor with all the powers of the for- 
mer Spanish captain-general and continued as such for about 
a year. California and New Mexico remained under military 



150 THE NATIONAL ADMINISTEATION 

government after the treaty of peace with Mexico until the 
one was admitted as a state and the oluer organized as a terri- 
tory. And in Cuba, Porto Rico and the Philippine Islands 
military governments were maintained for some time after the 
conclusion of peace with Spain, the situation in Cuba being 
peculiar in that the occupation and military government by 
the United States were ended by the establishment of an inde- 
pendent Cuban government. 

These military governments over ceded territory differ in 
some respects from the military governments over territory 
occupied during the progress of war. On the one hand, they 
may undertake to assimilate subordinate administrative insti- 
tutions to those prevailing in the United States, and to apply 
American rules of law in place of those formerly prevailing. 
On the other hand, it has been held by the Supreme Court of 
the United States that neither the military government nor 
the President may impose customs duties on goods sent from 
the United States to the newly added territory. 1 

(4) Finally a distinctly civil administration of territorial 
possessions of the United States has in recent years been devel- 
oped under the supervision of the department of War. In 
1900, the President, still acting as military commander and 
without authority from Congress appointed a civil commission 
of five members to exercise, subject to the control of the Secre- 
tary of War, legislative authority in the Philippine Islands, 
with power to establish judicial courts and local authorities, 
but leaving the military commanders as the principal execu- 
tive authorities. A year later (March, 1901), Congress en- 
acted that all military, civil and judicial powers necessary to 
govern the Philippine Islands should be exercised under the 
direction of the President. Acting on this authority the Pres- 
ident established a civil executive organization, by appointing 

* Dooley v. U. S., Armstrong, v. U. S., 182 U. S. 222. This limitation 
does not seem to have been considered as applying to the military govern- 
ment of Cuba, which was only temporarily in the occupation of the United 
States. 



THE DEPABTMENT OF WAB 151 

the chairman of the commission as governor, and the other 
four members as heads of administrative departments; while 
three Filipinos were added to the commission in its legislative 
capacity. In 1902, Congress passed an act on the government 
of the Philippines, which approved, ratified and confirmed the 
action of the President. 

Besides enacting general legislative measures, the Philip- 
pine commission has organized a judicial system, central ad- 
ministrative machinery, and provincial and municipal institu- 
tions, the latter including a representative element elected by 
the inhabitants of the various districts. This machinery of 
civil government is entirely separate from the military com- 
manders in the islands ; and although under the supervision of 
the Secretary of "War, this supervision is exercised through a 
special bureau, independent of the general staff and the mili- 
tary bureaus. 

The Bureau of Insular Affairs has charge of matters relating 
to the civil government of the insular possessions of the United 
States subject to the jurisdiction of the department of War. 
At present this applies only to the Philippine Islands ; but the 
records of the bureau deal also with Cuba and Porto Rico 
during the period in which they were under the jurisdiction 
of the department of War. The bureau receives all the civil 
records of the Philippines ; and from these prepares and pub- 
lishes official documents, including statistics of commerce. It 
makes a comptroller's review of the receipts and expenditures 
of the Philippine government; purchases supplies and ar- 
ranges for the transportation of supplies and employees to the 
Philippine government. A law officer investigates and reports 
on legal questions connected with civil administration in the 
islands. The chief of the bureau is an army officer ; but most 
important questions receive the personal attention of the Sec- 
retary of War. 



CHAPTER X 

The Department of the Navy 

References. — United States Navy Kegulations. — Senate Eeport 507, pt. 3, 
50th Congress, 1st session. — John D. Long: The New American 
Navy. — J. R. Spears: The History of Our Navy. — E. S. Maclay: 
History of the United States Navy. — Charles Morris : The Nation 's 
Navy. — J. D. J. Kelley: Our Navy, Its Growth and Achievements. 
— W. H. Michael: United States Laws Relating to the Navy, the 
Marine Corps, etc. — A. T. Mahan in Scribner's Magazine, 33:567. — 
Atlantic Monthly, 80:309; 90:383. — North American Beview, 
167:641; 178:820.— Harper's Monthly, 24:159.— Beview of Beviews, 
25:561. — National Geographical Magazine, 14:301. 

The Marine Corps 

R. S. Collum: History of the U. S. Marine Corps. — United Service 
Magazine, 5:145. 

The Naval Academy 

Park Benjamin: History of the U. S. Naval Academy. — Harper's 
Monthly, 92:201. — New England Magazine, n. s. 8:305. 

THE NAVY 

As early as October, 1775, the Continental Congress ap- 
pointed a committee to fit out vessels to intercept and capture 
British merchant ships; and during the Revolutionary War 
several small squadrons were prepared and sent out, under the 
direction of various committees of Congress. There was, how- 
ever, no permanent organized navy and no ships specially 
built as men of war. Most of the naval fighting in behalf of 
the United States was done by privateers— notably John Paul 
Jones— who employed merchant vessels equipped with guns as 
cruisers, and directed their attention mainly to attacking Brit- 
ish merchant vessels. At the end of the Revolution, the ships 
of the Confederation navy had been mostly captured and de- 



THE DEPARTMENT OF THE NAVY 153 

stroyed; the three which remained were sold and the navy 
abolished. 

In the organization of the administration under the consti- 
tution of 1787 the department of War was given jurisdiction 
over naval matters ; but nothing was done in the way of naval 
construction until 1794, when six frigates were ordered. 
Afterwards additional ships were bought and built; and in 
1798 the United States had a small navy, consisting of 22 ships, 
456 guns and 3,484 men. In this year the control of the navy 
was taken from the department of War and given to the newly 
established department of the Navy. During the next few 
years the navy saw active service against France (1798-1801), 
and in the expeditions to Algiers and Tunis for the suppres- 
sion of the Barbary pirates (1801-1804). Under Jefferson, 
naval construction was stopped, and the number of vessels in 
commission was reduced from twenty-five to seven ; but when 
the conflict with England and France over the rights of Amer- 
ican neutral vessels became acute a large number of useless 
gunboats were built (1806-1812). 

When the War of 1812 broke out the United States had six- 
teen effective war vessels, the largest being three 44-gun frig- 
ates. These rendered a good account of themselves in a series 
of ship duels with vessels of their own class, as did also ' ' Com- 
modore" Perry with his improvised fleet on Lake Erie. The 
success of the navy was in marked contrast to the work of the 
army, although even at the end of the war the United States 
had not a single one of the standard three-decker battleships 
of the time. 

From 1815 to the Civil War there was but little development 
in the navy. A small number of ships were built, and steam- 
ers to some extent replaced sailing vessels. On several occa- 
sions this small navy was engaged in active service. It was 
employed in suppressing Mexican pirates (1814-1819), against 
Malay pirates in the far east (1831), in the Mexican War, in 
suppressing the slave trade, and in opening Japan (1852) and 
China (1856-59) to commercial relations with the western 



154 THE NATIONAL ADMINISTRATION 

world. In 1842 the administrative bureaus of the Navy de- 
partment were organized along lines maintained until the 
present time. 

At the opening of the Civil War the navy consisted of 
twenty-six steamers and sixteen sailing vessels in commission, 
with twenty-seven minor boats employed at the navy yards. 
The conduct of the war led to an enormous expansion of the 
naval service, a revolution in construction and armament, and 
striking developments in methods of naval warfare. At the 
end of the war the United States navy consisted of no less than 
600 vessels of all types. Sailing vessels had almost entirely 
given way to steamships; where formerly vessels had been 
entirely of wooden construction, iron-clad vessels had come 
into use ; and the old smooth-bore guns were being replaced by 
rifled cannon. Naval operations included sea fights with Con- 
federate privateers, the blockading of southern ports, and— 
most notable of all— the use for the first time of vessels in 
attacks on land fortifications, notably at Vicksburg and 
Mobile. 

After the war the navy, like the army, was rapidly reduced ; 
and for twenty years nothing was done to keep pace with the 
rapid developments in naval construction that had been inau- 
gurated in our own country. Almost the only vessels built for 
the navy in this period were some additional iron-clad moni- 
tors ordered in 1865 and reconstructed in 1874. An advisory 
naval board, appointed in 1881, reported that of the sixty-one 
unarmored cruisers then on the navy list, only thirty-two were 
available for service ; and recommended the addition of thirty- 
eight modern cruisers, as well as thirty smaller vessels. 

Two years later the new navy was begun by the construction 
of four modern cruisers of the second class. Systematic devel- 
opment was, however, inaugurated by Secretary Whitney 
(1885-1889), whose policy embraced the reorganization of 
naval administration, the construction of a new navy and the 
production of all materials for war ships as well as the vessels 
themselves within the United States. For some years cruisers 



THE DEPARTMENT OF THE NAVY 155 

and minor vessels only were constructed; but beginning in 
1890 first class battle ships were ordered. At the beginning 
of 1904 there were 252 vessels fit for service, including eleven 
battleships and nineteen cruisers of modern types, besides 
coast defense monitors, torpedo boats, gunboats and auxiliary 
vessels. In addition, forty-five new ships are under construc- 
tion or authorized, including fourteen first class battle ships, 
ten armored cruisers and five protected cruisers, which will 
almost double the effective fighting capacity of the navy. 
Among the navies of the world that of the United States is 
clearly surpassed only by those of Great Britain and France, 
and is about equal to that of Germany. 

During the Spanish War the new navy was uniformly suc- 
cessful, notably at the battles of Manilla Bay and Santiago. 
To its work was due in large measure the early conclusion of 
the struggle. 

Each vessel in the navy is an indivisible unit for naval move- 
ments; but the grouping of vessels into larger commands is 
subject to frequent change. At present there is a North 
Atlantic fleet, divided into a coast squadron and a Caribbean 
squadron ; an Asiatic fleet, divided into a Philippine squadron 
and a cruiser squadron ; and also a Pacific squadron, a South 
American squadron and a European squadron. Within each 
squadron there are usually a number of divisions. Each ves- 
sel, division, squadron and fleet is under the command of a 
definite officer. 

The personnel of the navy consists of 29,000 enlisted men 
and 1,600 commissioned officers, besides the marine corps of 
7,000 officers and men. Enlistments, as in the army, are vol- 
untary and for terms of four years. Formerly men were 
picked up at haphazard, and the crews of the navy vessels 
were very largely of foreign birth and citizenship. In 1881 
an apprentice school was established at Newport, K. I., and 
more recently another in San Francisco Bay, where young 
boys are enlisted and trained for the service. These schools 
are now the most important source of supply for enlisted men ; 



156 THE NATIONAL ADMINISTRATION 

and under this system the proportion of American citizens in 
the navy crews has increased to 90 per cent., and of native- 
born Americans to 70 per cent. The pay of the enlisted men 
ranges from $9 a month, for the third grade of apprentices, to 
$35 a month; while petty and warrant officers (boatswains, 
gun captains and machinists) receive up to $1,800 a year. 

Officers are appointed, as in the army, by the President and 
Senate, but with very few exceptions appointments to positions 
in the line are made from graduates of the naval academy. 

When the Continental Congress first provided for a navy, 
the principal officer was given the vague title of commander- 
in-chief ; but in 1776 the English titles for naval officers were 
adopted, although no appointments were made to the higher 
ranks. Since 1862 the rank of midshipman, formerly given 
to the lowest officer of the line, has been confined to cadets at 
the naval academy and graduates while awaiting their com- 
missions. The lowest commissioned officers are now called 
ensigns, a rank corresponding to that of the second lieutenants 
in the army. Next in order are the lieutenants (junior grade) 
and lieutenants, the latter ranking with an army captain, and 
usually acting as an officer of the watch, navigating officer or 
in command of minor vessels. Above these stand the lieuten- 
ant-commanders (a rank established in 1862), commanders 
(established 1838), and captains, the last named— correspond- 
ing in rank and salary to army colonels— having charge of the 
large cruisers and battle ships. 

Up to 1862 the highest official naval rank in the United 
States was that of captain, except for the designation of a 
senior flag officer in 1859 ; although the title commodore was 
popularly given to officers in command of a squadron. An 
act of 1862 reorganizing the naval personnel* established the 
minor official ranks of ensign and lieutenant-commander, and 
also the higher ranks of commodore and rear-admiral for offi- 
cers in command of a division, squadron or fleet. In 1864 
Farragut was commissioned as vice-admiral, and in 1866 as 
admiral. He was succeeded in both ranks by Porter; but 



THE DEPABTMENT OF THE NAVY 157 

after him the titles again lapsed until 1899, when Dewey was 
made admiral. There are now twenty-seven rear-admirals, 
but no vice-admiral, and the rank of commodore has also been 
abolished, except for its survival on the retired list. 

Officers ' salaries are about on the same scale as in the army : 
from $1,400 a year for ensigns to $7,500 a year for the first 
nine rear-admirals; but these amounts are reduced when the 
officers are on shore duty. The admiral receives $13,500 a 
year. 

Engineer officers in the navy have until recently occupied a 
peculiar position. They were first appointed with the intro- 
duction of steam vessels in 1836 ; and in 1842 a special corps 
of engineers was established. As, however, the engineers had 
no training in navigation or naval warfare, they were not con- 
sidered on an equal footing with officers of the line. As those 
officers became of more and more importance with modern 
developments in naval affairs, their dissatisfaction with their 
subordinate position steadily increased, especially on account 
of the contrast with the position of engineer officers in the 
army. 

With the object of overcoming these difficulties an act was 
passed in 1899 to grant the officers of the corps of engineers 
commissions in the line ; and providing that, on passing exam- 
inations in navigation, engineer officers might be asisgned to 
positions as commanding officers, while line officers by quali- 
fying in engineering could be assigned to engineering posts. 
Future officers are to be trained in both branches of the service, 
and transferred from one to the other as may be convenient. 
Under this act some former engineer officers have been trans- 
ferred to navigation positions; but there has been no corre- 
sponding transfer from the line to the engine room. 

Naval constructors, civil engineers, paymasters, surgeons 
and chaplains in the navy are appointed from outside of the 
graduates of the naval academy; but are assigned rank as 
naval officers of different grades. 

The Marine Corps is not in the strictest sense a branch of the 



158 THE NATIONAL ADMINISTEATION 

naval service, but a force of soldiers, organized apart from the 
regular army for service supplementary to naval movements. 
It was established by the Continental Congress in 1775. The 
men are enlisted and organized in much the same way as in the 
army; but the officers are appointed mainly from the gradu- 
ates of the naval academy, the chief officer now holding the 
rank of major-general. Detachments are assigned to the ships 
of the navy, where they perform guard and police duties and 
act as sharpshooters in active service. On shore they do guard 
duty at the navy yards ; and carry out small military opera- 
tions, sometimes preliminary to a larger movement by the 
army. The corps has its own administrative service in three 
branches: adjutants and inspectors, quartermasters and pay- 
masters. 

ADMINISTRATIVE BUREAUS 

As in the case of the army, the administrative services con- 
nected with the navy are under the general supervision of the 
secretary of the department and an assistant secretary (the 
latter established in 1890), both chosen from civil life and 
serving in office for a brief period. Under their direction are 
a series of bureaus, which, differing from the present arrange- 
ment in the department of War, are independent of each other 
and not organized under a general staff. There has been some 
discussion in reference to establishing a general staff for the 
navy; but as yet no permanent machinery of this kind has 
been established. During the Spanish War a board of strat- 
egy was temporarily formed to give military advice upon the 
strategic movements of the fleet. And more recently there has 
been established a general board, with the admiral of the navy 
at its head, to discuss the larger questions of policy connected 
with offensive or defensive measures in case of war with dif- 
ferent countries. There is also a board of inspection and 
survey, composed of naval officers, which is not attached to 
any of the more elaborately organized bureaus. 

The principal bureaus may best be considered in the order 
in which they act in preparing a ship of war for active service : 



THE DEPAETMENT OF THE NAVY 159 

yards and docks, construction and repair, steam engineering, 
ordnance, equipment, supplies and accounts, medicine and sur- 
gery, and navigation. Most of these are in charge of a line 
officer of the navy, usually a rear-admiral; and other naval 
officers are assigned to bureau duties, this service alternating 
with service at sea. But officers in the bureaus of construc- 
tion, supplies and medicine, although ranking as naval officers, 
are appointed from outside sources and permanently attached 
to their special branch of the service. All of these bureaus, it 
may be noted, have representatives on each vessel of the navy, 
except that of yards and docks. 

Other officers and institutions connected with the depart- 
ment of the navy are : the judge advocate-general, the marine 
corps, the naval academy and schools for the training of offi- 
cers and enlisted men. 

The Bureau of Yards and Docks has control of the general 
administration of the navy yards and government docks, in- 
cluding the purchase of land, and the construction and main- 
tenance of docks, buildings and apparatus. There are navy 
yards at Washington, D. C, Boston, Brooklyn, N. Y., League 
Island, Pa., Norfolk, Va., Pensacola, Fla., Mare Island, Cal., 
Cavite in the Philippine Islands, and other places throughout 
the country. At these yards there is some ship-building and 
ordnance manufacture done ; all vessels receive their finishing 
equipment, supplies and crews ; and most of the repair work is 
performed. Each yard has a local branch and local repre- 
sentatives of the various bureaus of the navy department with 
a naval officer in general charge. 

The Bureau of Construction and Repair is responsible ior 
the hulls and permanent fixtures of the ships of the navy. In 
consultation with the bureau of ordnance it designs plans for 
vessels; it has charge of construction and repair work in the 
navy yards, and supervision over construction of ships by 
contract. Besides the ordinary questions of marine architec- 
ture involved in the construction of hulls, spars, steering gear 
and ventilating apparatus, it deals with many special features 



160 THE NATIONAL ADMINISTRATION 

peculiar to war vessels, such as armor, gun turrets, ammuni- 
tion hoists and other accessories of the armament. 

The Bureau of Steam Engineering deals with the steam ma- 
chinery for the navy, including not only engines for propelling 
the vessels, but also steam pumps, steam heaters and machinery 
for moving the gun turrets. It makes designs for such ma- 
chinery, supervises its construction and installation, and has 
charge of its operation. 

The Bureau of Ordnance has control of the armament and 
ammunition for the navy. It cooperates with the bureau of 
construction and repair in determining questions as to the 
armor of vessels, gun turrets and ammunition hoists. It de- 
signs and supervises the manufacture of guns, torpedoes and 
other armament ; and installs the armament and all accessories 
not permanently attached to the hulls. It has charge of the 
torpedo station, the naval proving ground, powder magazines 
on shore, and the gun factory at the Washington navy yard. 

The Bureau of Equipment has charge of what may be called 
the furnishings of the ships. This includes the installation of 
electric motors and lighting systems ; a great variety of port- 
able apparatus, such as rigging, sails, ropes, anchors, lamps, 
compasses and other navigating instruemnts; also charts, log 
books and other nautical publications; and the supply of 
illuminating oil and fuel. Under this bureau are the hydro- 
graphic office, in charge of deep sea surveys and the publica- 
tion of charts, the naval observatory and the publication of the 
nautical almanac. The publications of these offices are of 
great service not only to the navy, but also to the mercantile 
marine. 

The Bureau of Supplies and Accounts deals with the supply 
of provisions, clothing, and small stores, and the payment of 
salaries, wages and the accounts for stores purchased by other 
bureaus. Its chief officer is the paymaster-general; and the 
paymaster of each ship in commission is its representative. 

The Bureau of Medicine and Surgery has charge of the naval 
hospitals arid the medical corps of the navy. The chief officer 



THE DEPARTMENT OF THE NAVY 161 

is the surgeon-general. Surgeons in the medical corps are 
appointed from civil life and given rank as naval officers. 
They are graded as assistant surgeons, passed assistant sur- 
geons, surgeons, medical inspectors and medical directors. 

The Bureau of Navigation has charge of the personnel of the 
navy ; and in the absence of a general staff tends to become of 
much the same importance in advising the military orders of 
the Secretary of the Navy as was the adjutant-general in the 
army before the recent reorganization. It must be distin- 
guished from the bureau of the same name in the department 
of Commerce and Labor, which exercises supervision over the 
mercantile marine but has nothing to do with the navy. This 
bureau has charge of the recruiting service and supervision 
over the training of officers and men, including the naval acad- 
emy, technical schools for officers and enlisted men, and the 
apprentice schools. It establishes the complement of the crews 
of all vessels in commission; and prepares naval regulations 
and books on drill and tactics. It issues, and often advises, the 
orders of the Secretary of the Navy in reference to the move- 
ment of vessels and squadrons. And it keeps the records of 
service of all squadrons, ships, officers and men. 

Auxiliary to the bureau of navigation are some minor boards 
and offices. In connection with the examinations for the pro- 
motion and retirement of officers there is a naval examining 
board of line officers, a naval retiring board of line officers and 
medical directors, and a board of medical examiners. The 
office of naval intelligence collects information as to naval 
progress in foreign countries, including developments both in 
naval construction and in the art of naval warfare. The office 
of naval war records preserves the records of the navy per- 
sonnel and has charge of the library of the department. It 
is also publishing the official records of the United States and 
Confederate navies in the War of the Rebellion. 

The Judge Advocate-General of the navy performs similar 
duties to the same officer in the army, with some others peculiar 
to the navy office. He has to do with courts-martial and 
11 



162 THE NATIONAL ADMINISTRATION 

courts of inquiry, in some cases ordering these courts and pre- 
paring charges and specifications, and in all cases reviewing 
and reporting on the proceedings. Judge advocates are desig- 
nated as prosecuting officers and legal advisers in such mili- 
tary trials. The judge. advocate-general also orders the exam- 
inations of candidates for appointment to the medical corps; 
and orders and reviews the examinations of naval officers for 
promotion and retirement. He is further the legal adviser of 
the department and as such is called on for opinions in refer- 
ence to the construction of statutes, regulations, and the 
powers of officials, these opinions forming an important body 
of administrative law. As legal adviser, too, he has important 
duties in connection with the construction of navy vessels 
under contract; preparing advertisements for bids, forms of 
proposals, forms of contracts and bonds ; and this involves a 
great deal of departmental correspondence in reference to the 
plans and specifications and proposed changes. He also con- 
ducts correspondence with the department of Justice in refer- 
ence to cases before the courts affecting the department of the 
Navy. 

The United States Naval Academy, at Annapolis, Md., 
was founded in 1845, without specific authority from Congress, 
by Secretary of the Navy George Bancroft. Efforts to estab- 
lish a school for the navy similar to the military academy had 
been made since the War of 1812 ; and after the institution was 
organized it was recognized and supported by Congress. Dur- 
ing the Civil War the naval academy was removed to Newport, 
R. I., but returned to Annapolis at the close of hostilities. 

A board of visitors is appointed as for the military academy. 
A naval officer not below the rank of captain is assigned as 
superintendent of the naval academy, and other naval officers 
as instructors in various subjects, with some appointments as 
instructors from outside of the navy. The course at the acad- 
emy continues for four years, and includes instruction in naval 
construction, ordnance and gunnery, steam engineering, sea- 
manship, navigation, and naval tactics, besides introductory 



THE DEPAETMENT OP THE NAVY 163 

work in mathematics and physical sciences, and courses in 
modern languages and constitutional and international law. 

Appointments as naval cadets or midshipmen are made by 
the President from congressional districts, states and terri- 
tories, with some at large, the local appointments being usually 
selected by the members of Congress. In order to keep pace 
with the rapid development in the number of ships in the 
navy, it has been provided that until 1913 two midshipmen 
should be appointed for each member or delegate in Congress 
and five at large each year. 

After the course at the academy, midshipmen complete their 
preparations by a two years' course at sea, after which they 
receive appointments as line or engineer officers. Most of the 
naval officers, except those in the medical corps, are graduates 
of the naval academy ; and this tradition of common education 
and the personal acquaintance resulting from the transfers 
from one ship to another has developed a much stronger esprit 
de corps than in the army, where many of the officers have 
entered the service through the volunteer armies. 

A Naval War College for postgraduate study of problems in 
naval strategy and tactics has been maintained at Newport, 
R. I., since 1885. About twenty-five officers are assigned for 
this purpose every year. At the same place is a torpedo sta- 
tion, where instruction in the construction and use of tor- 
pedoes is given. 

Many of the rules and customs of international law apply 
specifically to naval administration; and a few of the most 
important may be noted here. Navy vessels frequently enter 
the ports of foreign powers in time of peace ; but they are con- 
sidered as exempted by the consent of such powers from their 
jurisdiction, and as remaining under the exclusive jurisdiction 
of the home government exercised by the officers of the ship 
itself. 1 When, however, officers and crew go ashore in a for- 
eign country they cannot claim diplomatic privileges, but 
<?ome under the jurisdiction of the foreign country. 

* 7 Cranch, U. S. 116. 



164 THE NATIONAL ADMINISTRATION 

Naval warfare differs from warfare on land in that the seiz- 
ure of private property without compensation is still per- 
mitted. This applies not only to contraband goods, but also to 
vessels caught running a blockade, vessels carrying contraband 
goods, and vessels and their contents owned by a citizen of the 
enemy country. All captured vessels are sent to a convenient 
port for a trial before a prize court as to whether it is a lawful 
prize. If condemned as a prize, the vessel is sold, or may be 
taken by the government at an appraised value ; and the pro- 
ceeds are shared by the captors as prize money. If the prize 
was of superior or equal strength to the capturing force, all the 
net proceeds goes to the officers and crews. If the prize was 
of inferior force, one-half of the net proceeds goes to the 
United States ; and income from this source is now used as a 
fund for naval pensions. The prize money assigned to the 
capturing vessel or vessels is distributed according to statute, 
the commanding officers getting large fractions, and the re- 
mainder being divided among the other officers and enlisted 
men in proportion to their service pay. 

A small amount of civil administration is exercised by the 
department of the Navy in the islands of Tutuila (in the 
Samoan group) and Guam. Congress has made no provision 
for government in these islands since their acquisition by the 
United States ; and they remain under the command of naval 
officers, who may be said to be exercising a temporary military 
government. 



CHAPTER XI 

The Department of Justice 

References. — J. S. Easby-Smith : The Department of Justice. — Opinions 
of the Attorney-General of the United States. — American and 
English Encyclopedia of Law, I, 974; V, 713. — Cyclopedia of Law 
and Procedure, TV, 11024. — American Law Begister, 5:65. — Law 
Beporter, 13:373; Copp's Land Owner, 3:54, 57. — American Law 
Beview, 21:779. 

The department of Justice has been developed from the 
English office of attorney-general, with important features 
added in the course of American experience. As early as the 
reign of Edward I, almost contemporaneous with the appear- 
ance of a special legal profession in England, we find Crown 
attorneys (Attornati Regis) employed for guarding the royal 
privileges in the courts. By the time of Edward IV the offi- 
cial title of attorney-general appears for the first time. A 
little later, as the distinction between barristers and solicitors 
became established, the Crown lawyers are distinguished as the 
King's attorney and the King's solicitor. 1 

These law officers acted as the legal advisers of the King and 
his ministers, and also conducted public prosecutions in impor- 
tant criminal cases. But there was not developed, and has 
not yet developed, in England any system of local public pros- 
ecutors. Nor has the English attorney-general become one of 
the leading political officials with a seat in the cabinet, since 
political and administrative functions, which have become 
attached to the office in this country are there performed by 
the lord chancellor and other officials. 2 

Most of the colonies had attorneys-general ; and these officers 

1 Gneist, History of the English Constitution, ch. 22. 

2 Anson, Law and Custom of the Constitution, II, 201. 

165 



166 THE NATIONAL ADMINISTBATION 

were continued under the state governments. In the national 
government the office of Attorney- General was provided for in 
the Judiciary Act of 1789. For a good many years the work 
of the office did not require the entire time of the Attorney- 
General and he was permitted, if not expected, to continue in 
private practice. The salary was only $1,500 a year, less than 
that of the other cabinet secretaries; and not until 1814 was 
he required to reside in Washington. From the first the 
Attorney-General was a member of the President's Cabinet; 
but his office was not formally recognized as an executive 
department until in 1870 the department of Justice was estab- 
lished. 

The functions of the Attorney-General and the department 
of Justice may be considered in four main divisions: (1) as 
legal adviser to the President and the executive departments; 
(2) as attorney for the United States before the courts, either 
as prosecutor or defendant; (3) administrative supervision 
over officers of United States courts and over United States 
penal and reformatory institutions ; and (4) as adviser to the 
President in the exercise of his pardoning power. 

It is the duty of the Attorney-General to give his advice and 
opinion upon questions of law when required by the President 
or by the heads of departments on any matter concerning then' 
departments. Questions not involving the construction of the 
constitution of the United States may be referred to subordi- 
nates; and their opinions when approved by the Attorney- 
General have the same force and effect as the opinions of the 
Attorney- General himself. Officers in the department of Jus- 
tice must give opinions and render legal services to the Presi- 
dent or officers of other departments. 

In the discharge of these duties the action of the Attorney- 
General is quasi- judicial. "His opinions officially define the 
law, in a multitude of cases, where his decision is in practice 
final and conclusive— not only as respects the action of public 
officers in administrative matters, who are thus relieved from 
the responsibility which would otherwise attach to their aete,— 



THE DEPARTMENT OF JUSTICE 167 

but also in questions of private rights, inasmuch as parties 
having concerns with the government possess in general no 
means of bringing a controverted matter before the courts of 
law, and can obtain a purely legal decision of the controversy, 
as distinguished from an administrative one, only by reference 
to the Attorney- General. Accordingly, the opinions of suc- 
cessive Attorneys-General . . . have come to constitute a body 
of legal precedents and exposition, having authority the same 
in kind, if not the same in degree, with decisions of the courts 
of justice/ n "The Supreme Court will not entertain an ap- 
peal from his decision, nor revise his judgment in any case 
where the law authorized him to exercise his discretion or 
judgment. ' ' 2 

But the Attorney-General is under no obligation to render 
an award, or determine a question of fact in cases referred to 
him ; nor does an appeal to him lie from another department by 
any party assuming to be aggrieved by its action, and seeking 
to have it reviewed ; nor is he to give advice to heads of depart- 
ments on matters which do not concern their departments, and 
in which the United States have no interest ; nor is he author- 
ized to give official opinions not falling within the scope of his 
duties, so as to connect the government with individual contro- 
versies, in which it has no concern ; nor is he in general to give 
official opinions to subordinate officers of the government ; nor 
in cases not actually presented for action by an executive 
department. 3 He will not answer abstract or hypothetical 
questions of law ; 4 nor purely judicial questions in controversy 
before the courts ; 5 nor construe department regulations. He 
may, like the heads of other departments, be required to fur- 
nish information to Congress; but he does not furnish legal 
opinions to Congress, or its committees. 6 

1 6 Opinions Attorney-General, 326 ; American Law Register, 5 : 72. 

• 6 ibid., 346. 

"6 ibid., 333; 10 ibid., 50, 458; 11 ibid., 189, 431. 
* 13 ibid., 568. 

• 20 ibid., 539 ; 23 ibid., 221, 558. 

• 14 ibid., 17, 177; 15 ibid., 138, 475; 18 ibid., 87, 107. 



168 THE NATIONAL ADMINISTRATION 

More specifically, it is the duty of the Attorney-General ancl 
his assistants to examine all titles to land or sites purchased by 
the United States for the purpose of erecting public buildings ; 
and no money can be expended for land until the title has been 
approved. 

As chief advocate for the government, the Attorney-General 
has supervision over all actions at law or suits in equity to 
which the United States is a party or in which the United 
States has an interest. Suits begun by the government are 
brought before a district, circuit or the Supreme Court of the 
United States under the provisions of the statutes regulating 
the jurisdiction of these courts. Criminal cases include only 
crimes in violation of the statutes of the national government. 
The largest number of prosecutions are for violations of the 
internal revenue laws ; a considerable number are for violation 
of postal laws, customs laws and pension laws; while a great 
variety of other statutes are involved in other cases. Civil 
suits are brought most largely in connection with customs and 
internal revenue administration; but all of the departments 
are involved in some cases. Besides cases in which the United 
States is itself a party, it has been held that in a suit between 
states where the United States has an interest, the Attorney- 
General may appear and introduce evidence and argument 
without making the United States a party for or against whom 
judgment may be rendered. 1 

Following the rule of English law, suits against the United 
States government are not allowed as a matter of right. 2 But 
provision has been made for trying some kinds of claims 
against the government by the creation of a court of claims 
and a court of private land claims; 3 while claims for small 
amounts may be brought before the district and circuit courte 
of the United States, and claims under treaty stipulations are 

1 17 Howard, U. S. 478. 

2 Not even the Attorney-General can waive the exemption of the United 
States from judicial process or submit United States property to the 
jurisdiction of the court in a suit against its officers. 162 U. S. 255. 

3 The latter was abolished in 1904. 



THE DEPAETMENT OF JUSTICE 169 

investigated by special commissions. In all these cases the 
officers of the department of Justice act as attorneys for the 
defense on the part of the government. 

According to the statutes, the Attorney-General is to conduct 
and argue cases before the Supreme Court and the Court of 
Claims, except where other provision is made for particular 
cases. In fact, cases in the Court of Claims are now placed in 
the hands of one of the assistant attorneys-general; and even 
before the Supreme Court many cases are conducted without 
the personal appearance of the Attorney-General. In the sub- 
ordinate courts the Attorney-General very seldom appears in 
person. 

In the countries of continental Europe the minister of jus- 
tice appoints, or at least selects, the judges; and exercises 
through his department a large administrative control over the 
judiciary. Even in England, the lord chancellor selects most 
of the judges and has disciplinary powers over the judges in 
the lower courts, as well as some minor supervision over the 
higher courts. Compared to the practice of foreign countries, 
the powers of the Attorney-General over the judicial adminis- 
tration are very limited. He has no power of appointing 
judges; and while he may be consulted by the President in 
reference to a judicial appointment, there is no established 
custom of asking his advice, still less of accepting his recom- 
mendations. And the position of the judiciary as an inde- 
pendent branch of the government, coordinate with the legis- 
lative and the executive, prevents any control over their judi- 
cial acts. Nevertheless, the Attorney-General has some powers 
of administrative supervision over the executive officers of the 
courts, similar to those of a European minister of justice, 
which serve to make his position of more importance in the 
national administration than that of the attorneys-general in 
the states. 

Commissions to judges and other officers of the United States 
courts are now made out and recorded in the department of 



170 THE NATIONAL ADMINISTRATION 

Justice. 1 The Attorney- General has general superintendence 
over the district attorneys and marshals of the United States 
and territorial courts, who must submit reports of their official 
proceedings; and supervision over the accounts of district 
attorneys, marshals and clerks, and over expenditure for sup- 
plies for the United States courts. 2 

In addition to this supervision over the executive officers of 
the United States courts, the Attorney-General has general 
direction over United States prisoners and the penal and re- 
formatory institutions of the United States. These include 
national penitentiaries at Leavenworth, Kans., and Atlanta, 
Ga., and the jail and two reform schools in the District of 
Columbia. Many prisoners convicted in the national courts 
are sentenced to these reform schools and also to the state penal 
and reformatory institutions. 

As the power to pardon is specifically conferred on the Pres- 
ident by the constitution, it is not possible to delegate this 
power to any subordinate officer or department. But in prac- 
tice petitions for pardon (except in army and navy cases) are 
referred to the department of Justice for investigation; and 
the President usually acts in accordance with the recommend- 
ation of the Attorney-General. 

Next to the department of State, the department of Justice 
has the smallest staff of any of the executive departments. 
The whole number of persons in the offices at Washington is 
now about 250. On the other hand, on account of the large 
number of attorneys employed, the average salary in the de- 
partment of Justice is higher than in any other department. 

After the Attorney-General himself, the most important offi- 
cial is the solicitor-general, who assists the Attorney-General in 
the performance of his general duties, and in his absence or in 
case of vacancy exercises all the duties of the Attorney-Gen- 
ral. The solicitor-general ordinarily acts mainly in connection 
with suits before the courts. He cooperates with the Attorney- 

1 Act of August 8, 1888, c. 786. 

« Revised Statutes, §§ 362, 368 ; Act of March 3, 1899. 



THE DEPABTMENT OF JUSTICE 171 

General in cases before the Supreme Court and the Court of 
Claims; but may also be directed to conduct cases where the 
United States has an interest in the lower courts of the United 
States or in any state court. 

Other important law officers are : the assistant to the Attor- 
ney-General, the assistant attorneys-general and the solicitors 
for various executive departments. There are six assistant 
attorneys-general with general duties. These assist in the 
preparation and argument of cases before the Supreme Court 
and in the preparation of legal opinions ; one is charged with 
the conduct of the defense of the United States in the Court of 
Claims; one with the defense of Indian depredation claims; 
one with the defense of claims before the Spanish treaty claims 
commission ; and one with matters relating to insular and terri- 
torial affairs, and with the defense of French spoliation claims. 
Special assistants to the Attorney-General are also engaged 
from time to time, for particular purposes, as in the enforce- 
ment of the anti-trust laws. 

Other assistant attorneys-general and solicitors deal with 
cases and legal questions affecting particular executive depart- 
ments. Since 1870 these law officers for the other departments 
exercise their functions under the supervision and control of 
the Attorney- General. 

The solicitor for the department of State gives advice upon 
questions of municipal and international law referred to him ; 
and passes upon claims of citizens of the United States against 
foreign governments and claims of citizens of subjects or citi- 
zens of foreign governments against the United States, and 
upon applications for the extradition of criminals. 

The solicitor of the Treasury deals with law matters affecting 
all the bureaus of the department of the Treasury except those 
under the internal revenue laws. He has cognizance of frauds 
on the customs revenue and the collection of moneys due the 
United States ; he must approve the bonds of treasury officials ; 
and he has supervision over suits brought under the national 
banking law. 



172 THE NATIONAL ADMINISTBATION 

The solicitor of internal revenue is the law officer and legal 
adviser of the commissioner of internal revenue. 

The assistant attorney-general for the Post-Office department 
gives legal opinions on questions relating to the work of the 
department. He considers claims from postmasters for loss 
caused by fire, burglary or other casualty ; all cases of alleged 
violation of the fraud and lottery laws ; and applications for 
pardons for crimes against the postal laws. 

The assistant attorney-general for the department of the 
Interior gives legal advice to the secretary of the department 
on appeals from the land office and on other legal questions 
arising in the administration of the department. 

All of these officers are assisted by assistant attorneys, law 
clerks, stenographers, clerks and interpreters. One attorney is 
given charge of applications for pardon referred to the depart- 
ment. Another has charge of questions connected with the 
title to land owned or sought to be acquired by the government. 

The chief clerk supervises the work of the clerks and minor 
employees of the department ; and has charge of the mail and 
supplies. The general agent has charge of matters relating to 
United States prisoners, directs the special agents who examine 
the offices and records of United States court officials, and has 
supervision over the division of accounts. The division of 
accounts examines and audits the accounts of the officers of the 
United States courts, and compiles estimates for annual appro- 
priations. The disbursing clerk disburses the funds for pay- 
ing the salaries in the United States judicial service, and in the 
department of Justice. The appointment clerk has charge of 
applications and recommendations for appointments and the 
preparation of commissions. 

An examination of the organization and jurisdiction of the 
United States judicial courts does not fall within the scope of 
this work ; as the judiciary forms a separate and independent 
branch of the government. But the executive and adminis- 
trative officers of these courts must be considered as the local 



THE DEPABTMENT OF JUSTICE 173 

agents of the department of Justice. These officers are the 
district attorneys and marshals of the courts. 

Local government attorneys were unknown both in England 
and the American colonies. Criminal prosecutions were ordi- 
narily begun by private individuals ; while the specially impor- 
tant criminal cases and civil cases requiring a government 
attorney were attended to by the attorney-general and his 
immediate staff. But the Judiciary Act of 1789, organizing 
the United States courts, provided that in each judicial district 
there should be an attorney of the United States to con- 
duct government business in the courts. At first these district 
attorneys were paid by fees, and probably gave only a part of 
their time to government matters. But with the development 
of public prosecutions in criminal cases, they have become per- 
manent salaried officials ; while a corresponding class of officials 
has also been developed in the states. 

District attorneys are now appointed, by the President and 
Senate, for each of the eighty-six judicial districts of the 
United States. Their terms are four years, and their salaries 
vary from $2,000 to $6,000. 1 In most districts there are one or 
more assistant attorneys and clerks. 

It is the duty of each district attorney to prosecute, in his 
district, all delinquents for crimes and offenses cognizable 
under the authority of the United States, and all civil actions 
in which the United States are concerned. In certain cases he 
must act as attorney in suits where officers of the United States 
are parties ; unless otherwise instructed by the Secretary of the 
Treasury, he must appear in behalf of the defendants in all 
suits against collectors or other revenue officers in connection 
with their official duties ; and he must conduct suits and pro- 
ceedings under the national banking law which involve United 
State officers. 2 

1 The District Attorney for the southern district of New York is, how- 
ever, still paid by fees; and as this is the most important district in the 
country these amount to very large sums, and are said to give this officer 
a larger net income than the salary of the President. 

a Bevised Statutes, §§ 380, 381, 771. 



174 THE NATIONAL ADMINISTRATION 

From this statement it will be seen that the duties of the 
district attorney are analogous to the court functions of the 
Attorney-General. The district attorneys, in fact, stand in 
much the same relation to the district and circuit courts as does 
the Attorney-General to the Supreme Court. They are, as has 
been noted, under the general superintendence of the Attorney- 
General ; but it has been held that this does not authorize him 
to control the actions of the district attorneys by general regu- 
lations. 1 

One of the most important branches of the work of district 
attorneys is their control over criminal prosecutions. Limited 
as they are to crimes against the authority of the United States, 
this function is of less importance than that of the prosecuting 
attorneys in the states; but within thier own field they have 
the same influence. It depends to a large extent on their action 
to secure an indictment, and to carry on the prosecution so as 
to secure conviction. 2 But in case of neglect of duty, the 
supervision of the Attorney- General is more likely to secure 
the removal of the delinquent official than in the states. 

United States marshals were also a new creation of the Judi- 
ciary Act of 1789 ; but their functions correspond to those of 
the old English office of sheriff. Marshals are appointed by 
the President and Senate for each judicial district of the 
United States for a term of four years. Each marshal has a 
number of deputies to assist in the duties of the office. 

It is the duty of each marshal to attend the district and 
circuit courts of the United States when sitting in his district ; 
and to execute throughout the district all lawful precepts 
directed to him and issued under the authority of the United 
States. The marshals and their deputies have in each state the 
same powers in executing the laws of the United States as the 
sheriffs in such state have in executing its laws. 3 They make 
arrests and carry out the judgments of the courts, seizing and 

^ish v. IT. S. (D. C.) 36 Fed. 677. 

2 Cf . U. S. v. Schumann, 7 Sawyer (C. C.) 439. 

■ Revised Statutes, §§ 787, 788. 



THE DEPAKTMENT OF JUSTICE 175 

selling property under civil judgments, and transferring con- 
victed prisoners to the place of confinement. They stand in 
the same relation to the peace of the United States as a sheriff 
to the peace of the state. 1 Under the act of 1789 it was consid- 
ered that they had implied power to summon the military 
forces of the United States as a posse comitatus; but the act of 
1878 prohibited the use of the army in this way except when 
expressly authorized by the constitution or acts of Congress. 2 

^lBSV. S. 63, 69. 

*16 Opinions Attorney-General, 162. 



CHAPTER XII 

The Post-Office Department 

Kef erences. — Marshal Cushing : The Story of Our Post Office. — Ameri- 
can and English Encyclopedia, of Law, 22:1036. — United States 
Official Postal Guide. — Senate Executive Documents, 48th Congress, 
2d session, No. 40. — Senate Documents, 56th Congress, 2d session, 
No. 89. — George GL Tunnell: Kailway Mail Service. — North Amer- 
ican Eeview, 149:399; 159:24; 166:342; 172:420, 551; 174:807; 
175:115; 178:220. — American Law Journal, 18:218. — American Law 
Eeview, 27:75. — Central Law Journal, 5:258. — Forum, 24:471, 723. 
— Atlantic Monthly, 77:95. — Publications Ehode Island Historical 
Society, 1894. — United Service Magazine, 7:732, 934. — The World's 
Work, 7:4074, 4280, 4589.— Banker 's Magazine, 12:337, 433. 

THE POSTAL SERVICE 

While the highly organized and elaborate postal service of 
to-day is of distinctly modern development, its earliest origins 
are to be found in the period of antiquity. From primitive 
beginnings there developed under the Roman empire organized 
systems of transportation by relays of horses on the main high- 
ways, which carried not only correspondence, but passengers 
and baggage. These " posts' ' were abandoned as a result of 
the Germanic invasions; but were revived during the later 
middle ages, notably in France under Louis XI. From early 
in the sixteenth century a system of posts existed in England, 
for the convenience of the government; in the seventeenth 
century posts were organized in that country for the conven- 
ience of the public ; and in 1710 the postal service was placed 
under the charge of a postmaster-general. 

In America the earliest official action was taken by the Gen- 
eral Court of Massachusetts Bay in 1639 ; which selected Rich- 
ard Fairbanks to take charge of the delivery of letters. In 

176 



THE POST-OFFICE DEPARTMENT 177 

1657 the Virginia Assembly passed a regulation requiring the 
proprietors of each plantation to forward letters on public 
business to the next plantation. And in 1672 a regular 
monthly post was established between Boston and New York. 

A more important step was taken in 1692, when the British 
government issued letters patent to Thomas Neale, as post- 
master-general of Virginia and other parts of North America, 
authorizing a general service between the different colonies. 
In 1693 the General Assembly of Pennsylvania provided for a 
^postmaster at Philadelphia, with deputies at other places 
throughout that colony. By the second decade of the eight- 
eenth century a line of posts ran from Piscataqua in Maine to 
Williamsburg in Virginia. 1 In 1737 Benjamin Franklin was 
appointed deputy postmaster-general and in 1753 he was made 
postmaster-general for the colonies. In 1774 he was removed 
by the British government; but was continued in office under 
the authority of the Continental Congress. In 1776 this gen- 
eral service consisted of twenty-eight post-offices in the more 
important towns. During the Revolution the service was 
badly disorganized ; and although both the general government 
and the states made some provisions for this purpose, no effect- 
ive system was established until after the adoption of the 
constitution. 

A general postal service was authorized by the first Congress 
under the constitution ; and in September, 1789, Samuel Osgood 
was appointed Postmaster-General. This office was not, how- 
ever, considered as a Cabinet position; and the service was 
classed as a branch of the Treasury. In the first year there 
were seventy-five local post-offices established, and mails were 
carried, mainly on horseback, over 1,875 miles of post roads. 
The total revenue was $37,000, the expenditures $32,000 ; and 
for many years the service yielded a net income to the govern- 
ment. Rates of post were very high, and varied with the dis- 
tance carried. Even after they were reduced in 1792, the 
charges on a single sheet were from 6 cents for 30 miles to 25 

1 McMaster, History of ifhe People of ike Untied Sixties, 1, 40. 
12 



178 THE NATIONAL ADMINISTRATION 

cents for over 450 miles. Letters containing more than three 
sheets were classed as packages, on which the rate was the same 
as for four sheets. Newspapers were especially favored from 
the beginning and were carried a distance of 100 miles for one 
cent, and for more than that distance for one and a half cents. 

Step by step the service was extended; and by 1829 there 
were 8,004 post-offices, and 115,000 miles of postal routes, while 
the gross expenditures had reached the sum of $1,782,000. In 
that year President Jackson admitted the Postmaster-General, 
W. T. Barry, to his Cabinet ; and at the same time the policy 
of using post-office appointments as rewards for campaign serv- 
ices was introduced,— about 500 postmasters being removed to 
make places for friends of the new administration. It is sig- 
nificant that this application of the spoils system was followed 
quickly by the appearance for the first time of deficits in the 
budget of the department, amounting to $500,000 in six years. 

In 1835 Amos Kendall was appointed Postmaster-General; 
and under his direction there was a reorganization of admin- 
istrative methods, followed by the introduction of new features 
which caused a radical development in the volume of postal 
business. The postal revenues were now turned into the 
Treasury, and expenditures were made dependent on congres- 
sional appropriations. For a few years the accounts showed a 
small surplus ; but with the reduction of the rates of postage 
and the extension of the service deficits again appeared, and 
have continued to the present time. Eailroads were first used 
for carrying the mails in 1835 ; and the use of this new method 
of transportation was extended as additional lines were built in 
different parts of the country. Political influences in the serv- 
ice continued, however ; and were emphasized by an act of 1836 
establishing a four years' term for the postmasters appointed 
by the President ; while the system of political patronage was 
more openly established under President Lincoln, when it was 
announced that appointments to all minor post-offices would 
be made on the recommendation of members of Congress. 

One of the most important factors in the development of 



THE POST-OFFICE DEPARTMENT 179 

postal business was the adoption in 1847 of the adhesive post- 
age stamp, which had been introduced in Great Britain some 
years before. Up to this time the amount of postage had to 
be endorsed on each letter ; on much mail the postage was col- 
lected on delivery; and the postmasters in large cities kept 
book accounts for postage with large business firms. The ad- 
sive stamp and compulsory prepayment of postage immensely 
simplified the work of handling mail and greatly reduced 
expenses. 

Other improvements followed rapidly. In 1855 the system 
of registering valuable letters was introduced. In 1863 the 
system of "free delivery" was established in cities of over 
50,000 population ; and in the same year the postage on letters 
was reduced to a uniform rate of three cents per half ounce to 
all parts of the United States. In 1864 the money order system 
was established, and the railway mail service was begun. 

In recent years there has been a constant expansion of the 
service to outlying districts, and a steady extension of special 
features, such as the money order, registry and "free delivery" 
systems and the railway mail service. In 1883 the rate of 
letter postage was again reduced to two cents per ounce, and 
since 1895 the "free delivery" system has been rapidly intro- 
duced into rural districts. 

At the present time there are 74,000 post-offices in the United 
States, the post routes aggregate 506,000 miles, and the annual 
expenditure of the department exceeds $150,000,000. Besides 
the postmasters, there are 20,000 clerks and 30,000 letter car- 
riers ; and the total number of persons employed in the postal 
service is more than in all the other civil branches of the 
national government combined. 

The post-offices are graded into four classes, on a basis of 
gross receipts, while within each class the salaries of post- 
masters vary with the volume of business. The first class 
offices are those whose gross receipts exceed $40,000 a year. 
These are for the most part in buildings owned by the govern- 
ment. In the larger cities, in addition to the central post* 



180 THE NATIONAL ADMINISTRATION 

office there are branch offices and sub-stations in different parts 
of the cities for the convenience of the public. In some cases 
these branch offices are in different municipalities, notably in 
the neighborhood of Boston. On the other hand, although 
Brooklyn has become a part of the city of New York, it has still 
an independent post-office. The largest volume of postal busi- 
ness is naturally in New York, where the annual revenues are 
$13,000,000. The gross revenue of the Chicago post-office is 
over $9,000,000 a year; in Philadelphia and Boston, about 
$4,000,000 each. 

Second class post-offices are those whose annual receipts are 
between $8,000 and $40,000. The premises for these offices are 
usually rented by the government. Both first and second class 
post-offices have besides the postmaster, an assistant postmaster, 
selected by the postmaster, and varying numbers of clerks and 
carriers. The latter are appointed from those who pass civil 
service examinations in all places where there is a ' i free deliv- 
ery " service which comprises all cities with a population of 
over 10,000 or with postal revenues amounting to $10,000 a 
year. 

Third class post-offices are those whose annual receipts are 
between $1,900 and $8,000. Postmasters of these offices and 
of those in the first two classes are appointed by the President 
and Senate; but for the most part have been selected by the 
members of Congress or the state managers of the party in 
power. The government does not directly provide premises 
for third class offices; but makes an allowance for rent and 
incidental expenses, which often has to be supplemented from 
the postmaster's salary. 

Fourth class post-offices include those with an annual rev- 
enue of less than $1,900 ; and these form more than 70,000 of 
the whole number. Postmasters in this class are appointed by 
the Postmaster-General; but in the main on the recommenda- 
tion of Congressmen and political managers. Fourth class 
postmasters receive no fixed salary, but are paid in proportion 
to the volume of business each year ; and from their compensa- 



THE POST-OFFICE DEPARTMENT 181 

tion must provide the necessary accommodations and appa- 
ratus. These positions are usually filled by small retail deal- 
ers, who conduct the post-office in connection with their other 
business. 

Postmasters have charge of the care and distribution of the 
mails at their local post-offices. They are the agents of the 
government in the employment of clerks and letter carriers, 
over whom they have general superintendence. They arrange 
schedules for the collection and delivery of mails. They are 
held responsible to the government in their official capacity; 
and they are liable for loss caused by their negligent or un- 
lawful action or inaction. Ordinarily they are not liable for 
the negligence or misfeasance of clerks and assistants. 

Formerly only letters and unbound printed matter could be 
sent through the mail ; but later books and small packages of 
merchandise have been added to the list. But within the gen- 
eral limits of mailable matter there are certain things excluded. 
Congress has prohibited from the mails any matter concerning 
lotteries, and all matter that is obscene, lewd or lascivious ; and 
has authorized the Postmaster-General to prevent the delivery 
of mail matter to persons engaged in using the postal service 
for conducting a lottery or a scheme to obtain money by false 
and fraudulent pretenses. Such restrictions do not conflict 
with the constitutional guarantees in favor of the freedom of 
the press or against depriving a person of property without 
due process of law. 1 

There are four classes of mail, each with different rates of 
postage. The first class consists of letters which are carried 
anywhere within the jurisdiction of the United States, for two 
cents per ounce, and postal cards, costing one cent each. Sec- 
ond class mail consists of newspapers and magazines, on which 
the charge is one cent a pound when sent by the publishers. 2 

X 96U. S. 727; 143 U. S. 110. 

* This rate does not apply to delivery by carrier in the city of publica- 
tion. With the same exception, second class publications are taken free 
for delivery to actual subscribers within the county of publication. 



182 THE NATIONAL ADMINISTEATION 

and one cent per four ounces when sent by others. Third class 
mail consists of all other printed matter, on which the rate is 
one cent per two ounces. Fourth class includes packages of 
merchandise weighing not more than four pounds, which are 
carried at the rate of one cent an ounce. 

To all foreign countries within the International Postal 
Union the rate of postage on letters is five cents per half ounce, 
and on newspapers one cent for two ounces. By special ar- 
rangements, mail to and from Canada and Mexico is carried at 
domestic rates. 

Eates on third and especially on fourth class matter are 
higher in the United States than in most foreign countries ; and 
these two classes form a comparatively small part of the postal 
business. First class mail constitutes the greater part of the 
number of pieces carried and produces nearly four-fifths of the 
total postal revenue. Second class mail forms more than half 
(55 per cent.) of the total weight of mail carried, and costs the 
government for transportation alone more than $30,000,000 a 
year ; but the total revenue is less than $5,000,000 a year. The 
loss to the government on this class of mail has been much 
increased by devices of publishers and business houses in issu- 
ing printed books and advertising pamphlets in serial form; 
and while some of the worst abuses have been remedied 
recently, the provisions of the law permit many publications to 
secure second class rates which have no special claim on the 
bounty of the government. 

Another factor which explains the deficit in the postal 
budgets is the large amount of mail carried on behalf of the 
national government. Not only do the administrative arid 
judicial officers pay no postage on official correspondence, but 
the members of Congress through their franking privilege have 
the same advantage. About one-eighth of the total weight of 
mail is government mail. 

Transportation forms one of the largest items of postal ex- 
penses, amounting to $60,000,000 a year. Mail is carried by 
all sorts of public conveyances. Nearly every mile of railroad 



THE POST-OFFICE DEPARTMENT 183 

in the country is a post route. There are 41,000 miles of 
steamer routes for points not reached by railroads, besides the 
transoceanic routes to foreign countries. There are also 250,- 
000 miles of "star routes/' where the mails are carried by 
wagons and horsemen to points off the main lines of transpor- 
tation. All of this service is done by private individuals and 
corporations under contract with the government. Speed is 
an important element in securing these contracts; and there is 
often active competition between different railroads in estab- 
lishing fast trains to secure a large share of the business. On 
the other hand, it is claimed that the payments made for trans- 
portation (the rates of which have not been altered since 1873) 
are excessive and much higher than the railroads obtain for 
similar service from the express companies. 

Closely connected with the transportation of the mails is the 
railway mail service. On most of the railroad lines postal cars 
are attached to express trains, which not only carry pouches of 
mail, but have also a staff of clerks who sort and distribute the 
mail en route, thus reducing the work of the distributing cen- 
ters and increasing the rapidity of the postal service. Nearly 
9,000 railway mail clerks are employed by the government in 
this branch of the service. 

Delivery of mail to the addressee was formerly made only at 
the post-office. To facilitate this work letter boxes were set 
up in the office and rented to those receiving mail. Later the 
government developed an elaborate system of local delivery by 
carriers to the house or business address. This system, mis- 
called "free delivery," is now provided to about one-half of 
the population of continental United States. The service is 
established in cities aggregating a population of 30,000,000; 
and the more recently organized rural delivery is already 
(October, 1904) in operation on some 27,000 routes, reaching 
a population of approximately 12,000,000. The sender of a 
letter loses control over it, as soon as it is placed in the post- 
office ; and the Post-Office department becomes at once the agemt 
of the addressee to forward and deliver it to him. 



184 



THE NATIONAL ADMINISTRATION 



Several special services are now added to the earlier func- 
tions of the post-office. By affixing a "special delivery 
stamp/ ' costing an additional fee of ten cents, a letter or pack- 
age will be delivered to the addressee immediately after its 
arrival at the terminal post-office. By the registry system, on 
payment of a fee of eight cents, an exact record is kept of the 
movement of valuable or important letters, a receipt for their 
delivery is returned to the sender, and meanwhile they are 
insured against loss or destruction to the value of $25 each.> 
Through the money order system, the government does a vast 
amount of banking business, in the transfer and exchange of 
small sums of money for trifling fees. Money orders are now 
issued and paid at 30,000 post-offices; and 46,000,000 orders, 
aggregating $350,000,000, are handled in a year. 1 

In other countries several additional services are performed 
by the post-office, which as yet have not been adopted by the 
United States government. While in this country packages 
weighing over four pounds will not be taken,— except in the 
case of single books or by paying letter rates,— in several for- 
eign countries parcels up to ten or fourteen pounds are taken, 
at much lower rates than are charged by express companies in 
the United States. In Great Britain and France the post- 
office does an enormous saving bank business, which reacheg 



1 Development of the Postal Service 





Number 
of Post 
Offices 


Miles of 

Post 
Routes 


Total 


Expenditures 


Year 
ending 
June 30 




Transportation 


Revenue 


Total 


Domestic 


Foreign 












Mail 


Mail 


1800 


903 


20,817 


$ 280,804 


$ 213,994 


$ 128,644 




1810 


2,300 


36,406 


551,684 


495,969 


327,966 




1820 


4,500 


72,492 


1,111,927 


1,160,926 


782,425 




1830 


8,450 


115,176 


1,850,583 


1,932,708 


1,274,009 




1840 


13,468 


155,739 


4,543,522 


4,718,236 


3,296,876 




1850 


18,417 


178,672 


5,499,985 


5,212,953 


2,965,786 




1860 


28,498 


240,594 


8,518,067 


19,170,610 


8,808,710 




1870 


28,492 


231,232 


19,772,221 


23,998,837 


10,884,653 




1880 


42,989 


343,888 


33,315,479 


36,542,804 


20,857,802 


199,800 


1890 


62,401 


427,990 


60,882,097 


65,930,717 


34,116,243 


563,631 


1900 


76,688 


500,990 


102,354,579 


107,740,267 


54,135,930 


2,100,266 


1904 


71.131 


496,818 


143,582,624 


152.362,116 


67,931,429 


2,516,053 



THE POST-OFFICE DEPARTMENT 185 

every nook and corner of these countries. And in most Euro- 
pean countries the telegraph system is operated by the govern- 
ment as a branch of the postal service. 

CENTRAL ADMINISTRATION 

General direction of the postal service is in charge of the 
Postmaster-General. He establishes and discontinues post- 
offices ; issues postal regulations ; appoints all officers and em- 
ployees in the department offices at Washington, except the 
four assistant postmasters-general; appoints all postmasters 
whose compensation does not exceed $1,000 a year; makes 
postal treaties with foreign governments, with the advice and 
consent of the President ; and awards and executes contracts. 

There are four assistant postmasters-general, appointed by 
the President and Senate. All of these are considered as polit- 
ical positions ; and there is thus no permanent official in any of 
the most important offices in the department. Each assistant 
postmaster-general has supervision over a number of the divi- 
sions into which the departmental work is organized ; and his 
position thus corresponds in some degree to that of a commis- 
sioner at the head of one of the principal bureaus in the other 
departments. But the grouping of the divisions in the Post- 
office department is not well systemized, and only the second 
assistant postmaster-general is in charge of a group of divisions 
so related in their operations as to form a distinct branch of the 
postal service. Each of the others has charge of a miscella- 
neous series of divisions having no close functional relations 
with each other, while closely related divisions are separated 
and placed in different groups. Each assistant postmaster- 
general is authorized to sign certain contracts in place of the 
head of the department. 

The first assistant postmaster-general has charge of five divi- 
sions: salaries and allowances, dead letters, correspondence, 
supplies (mainly stationery), and money orders. The second 
assistant postmaster-general has charge of the general subject 
of mail transportation, which is subdivided among six divis- 



186 THE NATIONAL ADMINISTRATION 

ions: railway adjustment, contracts for star and steamboat 
routes, inspection, mail equipment, railway mail service, and 
foreign mail service. The third assistant postmaster-general 
has supervision over contracts for postage stamps and official 
envelopes, and general direction over the following six di- 
visions: postal finance, postage stamp supplies, mail classi- 
fication, registered mails, redemption of stamped paper, and 
files, mails and records. The fourth assistant postmaster-gen- 
eral has charge of five divisions : appointments, bonds and com- 
missions, mail depredations, city delivery and rural delivery. 

Some readjustments of this arrangement almost suggest 
themselves. One of the principal bureaus might deal with all 
the divisions affecting the personnel of the local offices,— such 
as appointments, bonds and commissions, and salaries. The 
divisions of stationery supplies and stamp supplies should be 
in the same bureau. And special services such as money orders 
and registered mail could with advantage be placed under the 
same general superintendence. 

Divisions in the Post-Office department are in charge of offi- 
cers usually with the title of superintendent or chief ; but the 
head of the railway mail service has the more dignified rank of 
general superintendent. Each of these has a staff of clerks in 
the department at Washington; while some of them have a 
force of traveling inspectors and special representatives in the 
local post-offices. Traveling inspectors are of three kinds: 
those who examine local offices and their accounts, and the rail- 
way mail service ; those who investigate mail depredations and 
losses and criminal violations of the postal laws ; and those who 
investigate conditions for the establishment of rural delivery 
routes. 

One serious defect in the organization of the postal adminis- 
tration is the absence of any officials of general authority over 
large territorial districts, intermediate between the local offices 
and the central department at Washington. None of the great 
railroad systems attempts to supervise all their station agents 
and local representatives directly from one central office ; but 



THE POST-OFFICE DEPARTMENT 187 

makes use of territorial divisions, in each of which there is a 
superintendent and division representative of the main 
branches of the service. The vast and complex postal service 
covering the whole country would certainly be improved 
through a similar class of permanent officials acting as general 
superintendents over territorial districts, and from whom 
there might be selected a general manager for the whole 
system. 



CHAPTER XIII 

The Department of the Interior— I 

Public Lands 

References. — American and English Encyclopedia of Law, 26:197.— 
Decisions of the Department of the Interior and of the Public Land 
Office. — Thomas Donaldson: The Public Domain (House Executive 
Documents 47, 46th Congress, 3d session). — W. H. Lester: Land 
Laws, Kegulations and Decisions of the United States. — D. H. Tal- 
bot: Land Laws of the United States. — H. N. Copp: Public Land 
Laws. — D. S. Sickles : United States Mining Laws and Decisions. — 
S. Sato: History of the Land Question (Johns Hopkins University 
Studies, IV).— A. B. Hart: Practical Essays, No. 10.— B. A. Hins- 
dale: Old Northwest, ch. 14. — Winsor: Narrative and Critical His- 
tory, 7:533.— Atlantic Monthly, 43 : 325.— Forum, 29:347.— North 
American Review, 133 : 204 ; 140 : 280. 

Indian Affairs 

Charles J. Kappler, editor : Indian Affairs, Laws and Treaties, 1778- 
1902 (Senate Document 452, 57th Congress, 1st session) — Cyril Thomas: 
The Indians of North America (1904). — Alice C. Fletcher: Eeport on 
Indian Education. — F. A. Walker: The Indian Question. — George W. 
Mannypenny: Our Indian Wards. — George E. Ellis: The Eed Man and 
the White Man. — Mrs. H. H. Jackson: A Century of Dishonor. — Amer- 
ican Law Review, 15:21; 20:183.— Atlantic Monthly, 68:549, 676; 
83:255; 84 : 280.— North American Review, 128:413; 167 : 719.— Forum, 
10:708; 28:737. — Annals Amer. Acad. Soc. and Pol. ScL, 2:813. — Review 
of Reviews, 5:551; 23:451.— Federal Reporter, 14:541. 

Unlike the other departments in the national administra- 
tion, the title of the department of the Interior does not indi- 
cate with any clearness the character of the work with which 
it has to deal. Indeed, the matters assigned to it are so mis- 
cellaneous and heterogeneous that it would probably be impos- 
sible to find any simple title that would serve to describe them. 
It has already been noted, too, in speaking of the Secretary of 

188 



THE DEPABTMENT OF THE INTEEIOB— I 189 

the Interior as a member of the Cabinet, that this department 
in the United States deals in large measure with different sub- 
jects than the department of the Interior in the countries of 
continental Europe. But the very complex variety of interests 
grouped together serve to make the department one of the most 
important from the administrative point of view ; and its staff 
employed at Washington ranks second only to that of the 
department of the Treasury. 

As originally constituted, by act of March 3, 1849, the de- 
partment of the Interior included the patent office, transferred 
from the department of State ; the general land office, from the 
department of the Treasury; the Indian service and the pen- 
sion bureau, from the department of War; the accounts of 
marshals and other officers of the United States courts; and 
some minor matters. Some of these have since been trans- 
ferred to other departments : the supervision over the accounts 
of the officers of the courts and over the penitentiaries, to the 
department of Justice; and the oversight of public buildings 
to the department of the Treasury. But what the department 
of the Interior has lost in this way has been more than made up 
by the addition of other functions : the geological survey, the 
bureau of education, supervision over the organized territories, 
oversight of railroad land grants, the management of national 
parks and the administration of local institutions in the Dis- 
trict of Columbia. 

Over all of these matters, and the officers specially charged 
with duties in each of them, the Secretary of the Interior has 
general supervision. More specifically he acts as an appellate 
authority, from the various subordinate commissioners; and 
renders decisions on questions of patent law, pension law, land 
law and the construction of Indian treaties, which form an 
important part of the law governing these various subjects. 
In the exercise of this quasi- judicial appellate function, he can 
call upon the assistant attorney-general for the department 1 
and his corps of attorneys for the examination of document* 

1 See page 172. 



190 THE NATIONAL ADMINISTBATION 

and precedents and for legal advice ; but the responsible deci- 
sion must be made by the secretary himself. 

In the immediate office of the Secretary of the Interior, as 
distinguished from the various bureaus of the department, 
there is a first assistant secretary of the department, an assist- 
ant secretary, and a large staff of clerks organized in the fol- 
lowing divisions: appointment, finance, lands and railroads, 
Indian affairs, Indian Territory, patents and miscellaneous, 
board of pension appeals, stationery and printing, public docu- 
ments, custodian, library and superintendent's branch. 

PUBLIC LANDS 

Perhaps the most important of the bureaus in the depart- 
ment of the Interior is the general land office, which has charge 
of the administration of the public domain, or the lands owned 
by the United States. The office was created in 1812 as a 
bureau in the department of the Treasury, which had pre- 
viously had charge of the public lands; and in 1849 it was 
transferred to the department of the Interior. 

The acquirement of the public lands has been closely related 
to the territorial expansion of the United States ; but the two 
movements have not been identical, and it is important to dis- 
tinguish clearly between the extension of governmental juris- 
diction and the acquirement of ownership in the land. In the 
colonial period both ownership and jurisdiction were held to be 
vested in the Crown of England, which made grants of both 
classes of power to the colonizing companies and private indi- 
viduals. Within the limits of the colonies there remained 
tracts of Crown lands, title to which passed to the states at the 
time of the Kevolution. A number of the States also had con- 
flicting claims both to jurisdiction and ownership over the area 
west of the Alleghany mountains; and the national domain 
was begun with the cession of a large part of these claims to the 
Congress of the Confederation in 1780. Over all of the terri- 
tory west of the present boundaries of the original thirteen 
states all claims of jurisdiction were surrendered, and from 



THE DEPABTMENT OF THE INTEEIOE— I 191 

this territory new states were later created; but within these 
limits some of the states retained the property title to part of 
the lands, although a large proportion was transferred to the 
United States. To regulate the domain thus acquired the Con- 
gress in 1785 passed an ordinance providing for the survey and 
sale of the lands. In 1789 the new national government came 
into possession of these lands. 

By the Louisiana purchase in 1803 the United States not 
only acquired jurisdiction over the territory from the Missis- 
sippi river to the Kocky Mountains ; but also came into posses- 
sion of the property title to 98 per cent, of the area. The 
addition of the Oregon country as a result of exploration about 
the same time added to the public domain as well as the terri- 
torial jurisdiction of the United States, although the limits of 
these acquisitions were not determined until 1846. The pur- 
chase of Florida in 1819 included the property title to most of 
the land. On the other hand, the annexation of Texas in 1845 
did not of itself add an acre to the public domain of the United 
States. But the territory annexed as the result of the Mexican 
War was for the most part also an addition to the public 
domain, and this was further increased by the cession from 
Texas of its claims to lands in New Mexico and neighboring 
states, and by the Gadsden purchase from Mexico. The pur- 
chase of Alaska in 1867 involved the property title to prac- 
tically all of the land, as well as the rights of jurisdiction. 
The recent annexations of the Hawaiian Islands and Porto 
Rico have not involved any important additions to the public 
lands. In the Philippine Islands are large tracts of public 
land, acquired partly by cession from Spain and partly by 
purchase from the friars ; but these are managed by the Phil- 
ippine government, and do not come within the jurisdiction of 
the general land office. 

Excluding the Philippine Islands, the United States govern- 
ment has at one time or another had the ownership in fee 
simple of 2,925,000 square miles of land, out of a total of 
3,500,000 square miles within the limits of the country. 



192 THE NATIONAL ADMINISTRATION 

Of the public lands thus acquired a large part has already 
been transferred to other owners by sale and grant under a 
number of different statutes. Generally before public land is 
open for sale it must be surveyed, according to the rectangular 
system adopted in the ordinance of 1785. Under this plan the 
lands are divided by north and south lines along the true 
meridian, and by others running east and west so as to form 
townships as nearly as possible six miles square. Owing to the 
convergence of the north and south meridians the area varies a 
little from this. Townships are divided into sections, one mile 
square or 640 acres, as nearly as may be ; and the sections in 
each township are numbered consecutively, from one to thirty- 
six. Sections may be further subdivided into half sections of 
320 acres, and quarter sections of 160 acres. 

For this work, surveying districts are established, each dis- 
trict comprising a state or territory. There are now seventeen 1 
of these districts, in each of which there is a surveyor-general 
and a force of deputy surveyors. Each surveyor-general ap- 
points his deputies, formulates and enforces rules for their 
direction, and may remove them for negligence or misconduct 
in office. Under the provisions of the statutes and the orders 
of the general land office, the surveyors survey and measure 
base and meridian lines and correction parallels, and mark the 
necessary points by monuments. They must also survey pri- 
vate land claims confirmed by Congress so far as may be neces- 
sary to complete the public survey. Plats of surveys are sent 
to the United States local land offices within the surveying dis- 
trict; and on these are recorded the grants and sales by the 
government. When the surveys and records of a district are 
completed, all the survey records, including maps, field notes 
and other papers, are delivered to the secretary of the state or 
territory wherein made, and thereupon the United States sur- 
veying district and its officers are discontinued. 

1 Alaska, Arizona, California, Colorado, Florida, Idaho, Louisiana, Min- 
nesota, Montana, Nevada, New Mexico, North Dakota, Oregon, South 
Dakota, Utah, Washington and Wyoming. 



THE DEPARTMENT OF THE INTERIOR— I 193 

From the beginning the national government adopted the 
policy of disposing of the public lands to private holders. 
Grants were made to the soldiers of the Kevolutionary army, 
and afterwards to soldiers in the Indian wars, the War of 
1812 and the Mexican War. Sales of land at first were mainly 
in large lots to colonizing companies ; but in 1796, in order to 
encourage direct purchase by the settlers, the government insti- 
tuted a credit system. This, however, led to settlers under- 
taking to purchase more land than they could pay for ; and in 
1820 the credit system was abolished, the government now 
offering to sell land for cash at a minimum price of $1.25 an 
acre in lots as small as forty acres. Large speculative pur- 
chases of land with unsecured bank currency brought on the 
financial panic of 1837. 

A great deal of land has been granted to the states for differ- 
ent purposes. Beginning with Ohio in 1802, each state ad- 
mitted fronvthe public land territory was given one section in 
each township for educational purposes ; states admitted since 
1850 have received two sections in each township for such 
objects ; and by an act of 1862, 10,000,000 acres were given to 
the states as an endowment for agricultural colleges. From 
1828 to 1846 the enormous amount of 168,000,000 acres were 
granted to various states for internal improvements, at first for 
canals and later for railroads. In 1849 swamp and overflowed 
lands were granted to the states in which they lie. 

In 1841 the preemption act was passed for the encouragement 
of land purchases by actual settlers. Under this act the head 
of a family could secure 160 acres of land by living on it for 
six months and paying $200. From this time until repeal of 
the law in 1891 most of the land sales were made under this 
act. 

A further step was taken to encourage settlement by the 
Homestead Act of 1863, which offered 160 acres of government 
land to any head of a family after living on it for five years, 
and paying almost nominal fees. By the Timber Culture act 

of 1873, tracts of from 40 to 160 acres were given for planting 
13 



194 THE NATIONAL ADMINISTRATION 

and cultivating trees on a small area for five years ; but abuses 
led to the repeal of this act in 1891. 

At the time of the discovery of gold in California, there was 
no special law governing mining lands. Under these condi- 
tions the miners themselves developed a system of customary 
regulations, which were scrupulously observed, and formed 
practically the only mining land law during the whole period 
of the development in mining the precious metals from 1849 to 
1866. When Congress finally took action it not only recog- 
nized past transactions under the system of "camp legisla- 
tion,' ' but the statute of 1872 provided that purchases should 
continue to be "according to the local customs or rules of 
miners in the several mining districts, so far as the same are 
applicable, and not inconsistent with the laws of the United 
States.' ' 

Since 1860 the national government has directly granted 
large tracts of land to private corporations as subsidies for the 
building of transcontinental railroads, such as the Union 
Pacific, Central Pacific and Northern Pacific. 

Other statutes made special provisions in regard to the dis- 
posal of desert lands, Indian lands and land for town sites. 

Under these various methods more than a million square 
miles of the public domain have been disposed of to private 
individuals and corporations. The gross revenue received 
from the sale of lands has been about $350,000,000. The ex- 
penses for land cessions, extinguishing the occupancy titles of 
the Indians, surveys and administration has been about $360,- 
000,000. If the management of the lands is considered purely 
as a financial undertaking the net returns cannot be said to 
show a successful result, and there would seem to be no doubt 
that there has been a good deal of unnecessary waste in the 
granting of lands before their value was known. On the other 
hand, the policy of the government has undoubtedly promoted 
the rapid settlement and development of the country ; and as 
an indirect result of this the government may have received 
more than if -the administration of the public lands had been 



THE DEPARTMENT OF THE INTERIOR— I 195 

conducted with a view to the largest direct financial returns. 

About 1,600,000 square miles of public lands are still owned 
by the national government ; and it is with the management of 
this that we are here specially concerned. Nearly one-third of 
this is in Alaska ; and the remainder is mostly in the states and 
territories west of the 104th meridian. Most of it is mountain 
or desert land unfit for agriculture without the aid of exten- 
sive irrigation works. About 250,000 square miles are set aside 
for Indian reservations, national parks and forest reservations. 
From time to time an Indian reservation with good farming 
land is thrown open ; and there is a rush of settlers and pur- 
chasers eager to take possession. 

Some of the most important provisions of the statutes now 
in force governing the disposal of the public lands may be 
noted. Under the homestead act any citizen of the United 
States, or any person who has declared his intention of becom- 
ing such, who is the head of a family, or has attained his major- 
ity, or has served in the army or navy in time of war, and is 
not already the proprietor of 160 acres of land, is entitled to 
enter a quarter section (160 acres) or less amount of unappro- 
priated public land, and may acquire title thereto by establish- 
ing and maintaining residence thereon and improving and cul- 
tivating the land for a period of five years. Fees amounting 
to from $20 to $40 must be paid ; and in the case of lands f ois 
merly Indian reservations an additional charge of from 50 
cents to $5 an acre is now made. 

Arid lands will be sold to resident citizens of the state or 
territory, in tracts of not over 320 acres for $1.25 an acre, and 
an expenditure of at least $1 an acre each year for three years 
in irrigation and improvement works, and the cultivation of 
one-eighth of the land. Lands chiefly valuable for timber and 
stone will be sold in tracts of not more than 160 acres at $2.50 
an acre. Mining claims or mineral lands are sold in small 
areas to those expending at least $100 a year on labor and $500 
on permanent improvements at $5 an acre or fraction thereof 



196 THE NATIONAL ADMINISTEATION 

for lode claims, and $2.50 an acre for placer claims. Lots of 
land on town sites are sold at a minimum of $10 a lot. 

In the case of homesteads, and lands and mining claims there 
must be a preliminary entry at the government land office, and 
the occupancy and improvement of the land for some time 
before a patent will be issued and a complete title passed. 

Local land offices are established in all of the states where 
there is any considerable amount of public land. There are 
now 117 of these. At each land office there is a register and 
receiver, with such clerical assistance as is necessary. These 
offices must examine the papers submitted by those making 
land entries ; and when satisfied as to the existence of the neces- 
sary facts, and the regularity and sufficiency of the proofs, the 
register issues his certificate to that effect and the receiver 
gives what is known asa" final receipt, ' ' and upon these two 
papers the patent to the land is finally issued. 

Besides the officials at these local land offices there is what is 
known as the miscellaneous land service, consisting of agents of 
the general land office assigned to special duties in different 
parts of the country. These include examiners of surveys, 
special detective agents, the custodians of abandoned military 
reservations, and the rangers and supervisors in the forestry 
service. The last named now has the care of fifty-four forest 
reserves in the western states and territories, aggregating over 
60,000,000 acres. The largest of these are: the Alexander 
archipelago reserve in Alaska, the Washington reserve, the 
Cascade Kange reserve in Oregon, the Sierra reserve in Cali- 
fornia, the Teton reserve in Wyoming, and the Black Mesa 
reserve in Arizona. 1 

General administration of the public lands and the land 
agents of the United States is vested in the commissioner of the 
land office. He is required to perform under the direction of 
the Secretary of the Interior all executive duties appertaining 
to the survey and sale of the public lands of the United States, 

1 It is proposed to transfer this forestry service to the bureau of for- 
estry in the department of Agriculture. 



THE DEPARTMENT OF THE INTERIOR— I 197 

or in anywise respecting such lands, and also such as relate to 
private claims of land. 1 He prescribes the rules governing the 
local registers and receivers; and has supervisory power over 
them, including the right to review their decisions as to the 
matter of settlement and improvement and in controversies 
between different settlers as to the right of preemption. 2 Ap- 
peals from the local land officers to the commissioner are fre- 
quently made ; and further appeals are allowed to the Secretary 
of the Interior. The decisions on these appeals, both by the 
commissioner and secretary, are published from time to time in 
a series of volumes now numbering more than thirty. These 
decisions form a considerable and important part of the law 
governing the administration of the public lands; and digests 
have been prepared to aid in referring to them. 

The commissioner of the land office also acts in the capacity 
of an auditor of the treasury. All financial returns relating to 
the public lands are made to him ; he audits the accounts ; cer- 
tifies the balances and transmits the accounts to the treasury 
for examination and decision ; and makes settlements with the 
local officers. 

In the general land office at Washington there is also an 
assistant commissioner; and the bureau staff is organized in 
thirteen divisions, as follows: Chief clerk; recorder; public 
lands ; public surveys ; railroads ; private, Indian, school and 
arid lands; contests; swamp lands; drafting; accounts; min- 
eral claims ; special service ; and forestry. 

INDIAN AFFAIRS 

Most, but not quite all, of the governmental relations with 
the Indians in the United States are under the control of the 
national authorities, acting mainly through the Indian bureau 
under the commissioner of Indian affairs in the department of 
the Interior. 

In the colonial period it was early recognized that the Indian 

1 Revised Statutes, § 453; cf. 142 U. S. 161, 177; 158 U. S. 155, 167. 
2 1 Black (U. S.) 316; 157 U. S. 372; Revised Statutes, § 2273. 



198 THE NATIONAL ADMINISTBATION 

tribes had a possessory right in the soil, which must be extin- 
guished before the legal title of the Crown could be put into 
effect. Accordingly treaties were made for securing the con- 
sent of the Indians to one tract after another ; while from time 
to time military operations, both offensive and defensive, had 
to be carried on against the Indians. In New York before the 
adoption of the national constitution an executive department 
had been established to conduct affairs with the powerful Iro- 
quois league of Indians. 

Under the constitution of 1787 Congress has power to regu- 
late commerce with the Indian tribes ; but this grant does not 
serve to explain all the authority which the national govern- 
ment has come to exercise over the Indians. Of at least equal 
importance are its treaty powers, its military powers and its 
ownership of the vast public domain, through which it came to 
deal with conflicts between the Indians and white settlers, and 
to undertake the purchase or extinguishment of the Indian 
right of occupancy in the land. 

Down to the year 1871 the relations between the Indians and 
the national government were regulated by treaties made with 
the several tribes. The tribes were thus considered as separate 
political communities, not entirely subject to the jurisdiction 
of the United States ; but they were by no means considered or 
treated as independent nations. The legal theory of their 
status was not clearly expressed until 1831, when Chief Justice 
Marshall, in the case of Cherokee Nation v. Georgia, 1 discussed 

1 5 Peters, 1. The Cherokees were said to be a state, ' * a distinct polit- 
ical society, separated from the others, capable of managing its own 
affairs and governing itself. . . . They have been uniformly treated 
as a state from the settlement of our country. The numerous treaties 
made with them by the United States recognize them as a people 
capable of maintaining the relations of peace and war, of being respon- 
sible in their political character for any violation of their engagements, 
or for any aggression committed on the citizens of the United States by 
any individual of their community. Laws have been enacted in the spirit 
of these treaties. The acts of our government plainly recognize the 
Cherokee nation as a state, and the courts are bound by these acts. ' ' 

But, "do the Cherokees constitute a foreign state in the sense of the 



THE DEPAKTMENT OF THE INTEBIOR— I 199 

it at some length, ending by calling them "domestic, depend- 
ent nations." 

For nearly fifty years the management of Indian affairs was 
entirely in the hands of the military authorities. The army 
put down uprisings, which occasionally rose to the dignity of a 
war. Treaties established boundary lines running roughly 
north and south between the region open to white settlers and 
the Indian country, and these lines were steadily moved west- 
ward. In Monroe's administration it was decided to move all 
of the Indians west of the Mississippi river ; but this policy was 
not fully executed in the south until after 1830. 

President Jackson introduced some important changes in 
Indian policy. The tribes from Georgia and Alabama were 
moved beyond the Mississippi ; and as the tide of white settle- 
ment was pushing forward across that stream, Indian reserva- 
tions with ring boundaries were established in place of the 
north and south dividing line. The execution of these plans 
brought on two serious Indian wars : the Black Hawk in 1831, 
and the Seminole from 1835 to 1842. About the same time (in 
1832) the office of commissioner of Indian affairs was estab- 

constitution? .... In the general, nations not owing a common al- 
legiance are foreign to each other. The term foreign nation is, with strict 
propriety, applicable by either to the other. But the relation of the 
Indians to the United States is marked by peculiar and cardinal distinc- 
tions which exist nowhere else. ' ' 

"The Indian territory is admitted to be part of the United States. 
. . . . They acknowledge themselves in their treaties to be under the 
protection of the United States; they admit that the United States shall 
have the sole and exclusive right of regulating the trade with them. 
. . . Though the Indians are acknowledged to have an unquestionable, 
and heretofore unquestioned right, to the lands they occupy, until that 
right shall be extinguished by a voluntary cession to our government ; yet 
it may well be doubted whether those tribes which reside within the 
acknowledged boundaries of the United States, can with strict accuracy 
be denominated foreign nations. They may, more correctly, perhaps, be 
denominated domestic dependent nations. They occupy a territory to 
which we assert a title independent of their will, which must take effect 
in point of possession, when their possession ceases. Meanwhile they are 
in a state of pupilage. Their relation to the United States resembles that 
of a ward to his guardian. ' ' 



200 TH E NATIONAL ADMINISTRATION 

lished, to have charge of civil relations with the Indians ; but 
the new commissioner was at first attached to the department 
of War, and army officers continued to act as Indian agents. 
On the creation of the department of the Interior in 1849, the 
bureau of Indian affairs was transferred to it, and a more 
distinctly civilian administration established. The main object 
of the government's policy, however, remained as before: to 
secure the surrender of the Indian occupancy of the land, so 
as to make way for white settlers ; and to confine the Indians in 
reservations of constantly narrowing limits, within which the 
tribal conditions remained undisturbed. 

In 1871, there began a most important change in the attitude 
of the government towards the Indians. A statute of that year 
provides that "No Indian nation or tribe within the territory 
of the United States shall be acknowledged or recognized as an 
independent nation, or power with whom the United States 
may contract by treaty. ' ' The logical outcome of this measure 
was the annihilation of tribal autonomy ; and it marks the first 
step in that direction. But the practical results at first were 
but slight. The obligation of previous treaties was main- 
tained ; and ' ' agreements ' ' with the separate tribes have been 
made, differing from treaties only in being concluded by Con- 
gress, the legislative body, instead of by the President and 
Senate. This was indeed the prime object of the provision, 
which was forced upon the Senate by the House of Representa- 
tives in an appropriation bill. 

In 1885 another statute followed up the logic of the act of 
1871 for a step or two. This claimed for the United States full 
jurisdiction over individual Indians on the reservations, by 
providing that for the seven leading crimes such Indians should 
be tried in United States or territorial courts. Before this, the 
United States courts had dealt only with crimes on reservations 
in which white men were involved, excluding crimes com- 
mitted by Indians against Indians as a matter to be settled 
within the tribe; while the states were also held to have no 
jurisdiction over Indians in their tribal relations. It had 



THE DEPARTMENT OF THE INTERIOR— I 201 

indeed been suggested that not even the national government 
could assume jurisdiction over the relations of the Indians with 
each other ; but when the act of 1885 was brought before the 
Supreme Court it was held to be clearly constitutional. 1 Fur- 
ther progress in establishing the new policy of dealing with 
the Indians not as tribes but as individuals was made by an act 
of 1887, providing for the allotment of Indian lands in sev- 
eralty to the various members of a tribe. A system of Indian 
schools has also been developed for the education of Indian 
children along the lines of modern civilization. 

It is now clearly established that the national government has 
supreme authority in all matters concerning Indian affairs. 2 
Where Indian reservations are expressly excluded from the 
limits or jurisdiction of a state or territory (as in the case with 
larger reservations in the most recently created states), the 
latter has no jurisdiction therein, and the national government 
has exclusive control. 3 So, too, for purposes relating to treaties 
or agreements between the United States and the Indians, the 
government has exclusive jurisdiction. But in the absence of 
special provisions an Indian reservation is part of the state 
or territory within which it lies, and subject to its jurisdiction 
except in reference to the government and protection of the 
Indians. 4 

National control over the Indians is exercised partly by the 
United States courts, and partly through the bureau of Indian 
affairs. A discussion of the jurisdiction of the courts does not, 
however, come within the scope of this work ; and attention will 
here be given to the administration of the laws in reference to 
the lands, commerce, protection and education of the Indians. 
This will include the reservation system, Indian schools, non- 

1 U. S. v. Kagama, 118 U. S. 377. 

* Worcester v. Georgia, 6 Peters, 515, 561 ; 3 Wallace, 407 ; 5 Wallace, 
737, 761. 

9 Harkness v. Hyde, 98 U. S. 476. 

1102 U. S. 145; 104 U. S. 621; 116 U. S. 28; 169 U. S. 264; 170 
V. S. 588. 



202 THE NATIONAL ADMINISTRATION 

tribal Indians, and the organization of the central bureau in 
Washington. 

There are now about 160 Indian reservations, mostly west of 
the Mississippi, with a total area of about 75,000,000 acres, and 
a population of about 270,000 Indians. Outside of " Indian 
Territory' ' the Indians on these reservations maintain their 
tribal organization ; but a system of control is also maintained 
by the Indian agents, representing the national government. 
Before 1849 these agents were usually army officers, and some 
military agents are still appointed ; but for the most part they 
are now civilians. They are appointed by the President and 
Senate for a term of four years; and political appointments 
have often led to mismanagement and corruption. The duties 
of the Indian agents are to manage and superintend inter- 
course with the Indians within his agency. He has charge of 
the distribution of rations, and supervises the Indian traders. 
Practically he acts as governor, marshal and judge. At each 
agency there is a force of clerks and often a doctor and an 
experienced farmer. Schools are maintained at the agency 
and at other places in large reservations. Civilized Indians 
are given positions in the agency service; and a company of 
Indian police is organized at each of the important reserva- 
tions. The sale of intoxicating liquors is forbidden on reser- 
vations or to reservation Indians. 

Special arrangements apply to the "five civilized tribes" 1 in 
Indian territory. By an old treaty they were given the title 
in fee simple of their lands ; and only recently have agreements 
been made to substitute allotments in severalty for communal 
holdings. There are also organized Indian governments, with 
a legislature, courts, and executive officials. A good deal of 
land is cultivated by the Indians ; while about 300,000 white 
people occupy land in the territory under leases from the In- 
dians. A special Indian inspector has general supervision over 
Indian affairs within the territory, except questions of citizen- 

1 The Chexokees, Chickasaws, Choctaws, Creeks and Seminoles. 



THE DEPARTMENT OF THE INTERIOR— I 203 

ship, allotment and some other matters in charge of the com- 
mission to the five civilized tribes. 

Under the land-in-severalty acts individual allotments of 
land have now been made to over 70,000 Indians, aggregating 
about 9,000,000 acres. To protect these Indians it is provided 
that these allotments cannot be alienated within a stated period 
unless with the consent of the President or of the Secretary of 
the Interior. Indians who accept such allotments, or who 
leave their tribe and adopt the habits of civilized people be- 
come citizens of the United States and of the State ; and are 
entitled to all the rights and privileges of citizens. 1 

Besides the reservation schools, the government maintains 
twenty-five Indian schools in other parts of the country, the 
most important being those at Lawrence, Kans., and Carlisle, 
Pa. At these schools Indian children are trained in reading, 
writing and arithmetic, agricultural pursuits and various me- 
chanical and industrial trades. A superintendent has charge 
of the school service ; and each school has a principal with a 
staff of teachers for the various branches of the work. 

General direction over Indian affairs and the force of Indian 
agents, teachers and inspectors is vested in the commissioner 
for Indian affairs, under the supervision of the Secretary of 
the Interior. The commissioner has the sole power to license 
and regulate traders with the Indian tribes. He examines the 
accounts and disbursements; and reports to Congress on the 
finances and administrative work of the Indian service. The 
total expenditures of the Indian service is about $10,000,000 
a year, about $6,000,000 coming from funds belonging to the 
Indians, such as payments in accordance with treaty stipula- 
tions, and interest on trust funds of moneys paid for Indian 
lands. 

There is also a board of Indian commissioners, composed of 

1 Before the statute conferring citizenship was enacted, the Supreme 
Court of the United States held (Elk v. Wilkins, 112 U. S. 94) that an 
Indian did not become a citizen under the fourteenth amendment by leav- 
ing: his tribe. 



204 THE NATIONAL ADMINISTRATION 

nine members appointed by the President, who serve without 
compensation other than their traveling expenses. This board 
visits the reservations, and has the right to inspect all goods 
and provisions purchased for the Indians, and to examine the 
expenditures from appropriations. 



CHAPTER XIV 

The Department of the Interor— II 

Pension Bureau 
References. — Curtis and Webster: A Digest of the Pension Laws, 
Decisions, Bulings, Orders, etc. (1885) — Chitty and Bixler: Digest 
of Pension and Bounty Land Decisions (1897). — W. H. Glasson: 
History of Military Pension Legislation in the United States (Colum- 
bia University Studies in Political Science, Vol. 12). — North Amer- 
ican Review, 166:374. — Atlantic Monthly, 65:18. — Forum, 26:306; 
31:670.— Century, 6:427; 24:135.— Harper's Monthly, 86:235.— Lip- 
pincott's Magazine, 28:200. — Chautauquan, 7:549. 

Patent Office 

Decisions of the Commissioner of Patents and of the United States 
Courts in Patent and Trade Mark Cases (1869). — W. C. Eobinson: The 
Law of Patents. — George H. Knight: Patent Office Manual. — Quarterly 
Journal of Economics, 5:44, 495. — Law Quarterly, 7:150, 364. — Washing- 
ton Law Reporter, 10:18. — Yale Law Journal, 3:149, 158. — Engineering 
Magazine, 6:351. — Cassier's Magazine, 19:207. — North American Review, 
23:295. — American Social Science Journal, 3:78. — Forum, 11:67. — Cen- 
tury, 39:346. — New England Magazine, n. s., 4:136. — Chautauquan, 
13:310; 15:170,281. 

Geological Survey 

House Report 1285, 49th Congress, 1st session. — American Journal of 
Science, 129:93. — Journal Franklin Institute, 126:208. — Popular Science 
Monthly, 46:479; 66:107 —Chautauquan, 14:669. 

Territories 
Max Farrand : The Legislation of Congress for the Government of the 
Organized Territories of the United States. — Theodore Eoosevelt : Win- 
ning of the West, ch. 6. — James Bryce: The American Commonwealth, 
eh. 47. — Lalor: Cyclopedia of Political Science, articles on the Ordinance 
of 1787, Popular Sovereignty, Territories. — A. B. Hart: Actual Govern- 
ment, ch. 20. 

PENSION BUREAU 

Pensions and bounties as rewards for military and other 
public services have existed in some form almost since the 

305 



206 THE NATIONAL ADMINISTRATION 

beginning of history. In the past such rewards, especially in 
the form of feudal land grants, were of very large importance. 
In modern times, however, since government expenditures have 
been placed on a strict money basis, pension payments are a 
comparatively unimportant item for other countries. But in 
the United States during the last twenty years these payments 
have constituted the largest item in the expenditures of the 
national government. 

Pensions in America began during the colonial period, when 
they were given to disabled soldiers. At the outbreak of the 
Revolutionary War the Continental Congress promised half 
pay for life to disabled officers and men. Later half pay for 
life was voted to all officers who served through the war ; but 
this was afterwards commuted to a cash bonus of five years' 
pay. Money pensions and land grants were also voted by 
some of the states. 

In 1789 the national government assumed the payment of 
military pension to soldiers disabled in the Revolutionary War. 
Later legislation increased the expenditures, notably an act of 
1818 granting pensions to all dependent Revolutionary soldiers, 
and acts of 1833 and 1836 granting service pensions and pen- 
sions to the widows of Revolutionary soldiers. 

Land grants were given to soldiers in the Indian wars, the 
War of 1812 and the Mexican War; and money pensions to 
disabled soldiers. But up to the Civil War the payments for 
pensions seldom exceeded two million dollars a year ; and the 
total expenditures were but little more than eighty million 
dollars. 

In 1862 a new invalid pension law was enacted, increasing 
the allowances ; and this with the results of the Civil War soon 
swelled pension expenditures to over $20,000,000 a year. An 
act of 1879 providing for the payment of back pensions to new 
claimants brought the payments up to $87,000,000 in 1889. A 
dependent pension act was passed in 1890, twenty-five years 
after the close of the war and ten years earlier than the similar 
act for revolutionary soldiers. Service pensions have also 



THE DEPARTMENT OF THE INTERIOR— II 207 

been provided for soldiers in the war of 1812 (1871), the Mex- 
ican War (1887) and the Indian wars (1892). In addition 
several thousand special pension acts have been passed, grant- 
ing pensions to individuals not entitled to pensions under the 
general laws. As a result pension expenditures rose to a max- 
imum of $147,000,000 in 1898 ; since when they have slightly 
declined to $138,000,000 in 1903. 

Already in 1890 the annual payments for pensions by the 
national government were more than double the expenditures 
for all other public charity in the United States. The aggre- 
gate expenditures for pensions since 1860 has been more than 
$3,000,000,000, a larger sum than the debt incurred for the 
war. 

Administration of the pension laws was first entrusted to the 
department of War for army pensions, and to the department 
of the Navy for navy pensions. In 1833 a special pension bu- 
reau under a commissioner of pensions was established in the 
department of War ; and in 1840 this bureau was given charge 
of navy as well as army pensions. In 1849, on the creation of 
the department of the Interior, the pension bureau was trans- 
ferred to this department, and placed under the general super- 
vision of the Secretary of the Interior. 

The commissioner of pensions supervises the examination 
and adjudication of claims for bounty lands or pensions, under 
the acts of Congress. He establishes regulations governing the 
officers of the bureau in the application of the pension laws. 
The pension bureau has full charge of ascertaining, determin- 
ing and certifying who is entitled to a pension, and has power 
to review its own decisions. The certificate of the commis- 
sioner is prima facie evidence of title to a pension ; but as he is 
not a judicial officer, if he grants a pension on improper or 
fraudulent evidence, the government may recover the money 
paid on such a pension. 1 The decision of the commissioner 
against granting a pension can be appealed only to the Secre- 

*4 Court of Claims, 218; 10 Fed. Rep. 547; 25 Fed. Eep. 470; 44 Fed. 
Rep. 475. 



208 THE NATIONAL ADMINISTRATION 

tary of the Interior. 1 In the pension bureau there are two 
deputy commissioners, a staff of examiners and medical exam- 
iners, and the usual clerical force. 

Applications for pensions must be made, supported by affi- 
davits or other proof. False or fraudulent representations as 
to a material fact will invalidate the pension, and render the 
party liable to criminal penalties. Statements as to military 
service can be verified from the official records. Claimants for 
invalid pensions are subject to medical examinations. A spe- 
cial class of pension attorneys has developed, to present and 
urge pension claims ; and these are subject to the regulations of 
the bureau and liable to be excluded from practice before the 
department for violation of its rules. The legal fee of such 
attorneys is fixed at ten dollars, except in case of a special con- 
tract, when a payment up to twenty-five dollars will be 
allowed. 

For the payment of pensions there are eighteen local agen- 
cies in different parts of the country: at Augusta, Me., Con- 
cord, N. H., Boston, New York, Philadelphia, Washington, 
Buffalo, Pittsburgh, Columbus, 0., Indianapolis, Detroit, 
Chicago, Milwaukee, Louisville, Knoxville, Des Moines, Topeka 
and San Francisco. At each of these there is a pension agent, 
appointed by the President and Senate, with a staff of clerks. 
Pension certificates when issued are sent from the pension 
bureau in Washington to the local pension agents, who prepare 
and mail quarterly vouchers to the pensioners; and, on the 
return of the vouchers properly executed, the agents send 
checks for the amounts due. 

PATENT OFFICE 

Patents have developed from royal grants of monopolies or 
exclusive privilege to a particular trade made by the English 
Crown during the latter part of the medieval period. Oppo- 
sition to abuses in these monopoly grants arose towards the 
end of the reign of Elizabeth ; and the law courts decided in 

1 7 Opinions Attorney-General, 759. 



THE DEPARTMENT OF THE INTERIOR— II 209 

1602 that monopolies were illegal, except when granted for a 
reasonable time for a new invention or new trade. 1 In 1623 
an act of Parliament concerning monopolies confirmed this 
common law doctrine, forbidding all grants of monopoly except 
"letters patent and grants of privilege— of the sole working or 
making of any manner of new manufacture within this realm 
to the first and true inventors. ' ' 2 

In America patents were first granted by the states. But 
the national constitution gave Congress the power ' ' to promote 
the progress of science and the useful acts of securing for lim- 
ited times to authors and inventors the exclusive right to their 
respective writings and discoveries. ' ' And since a national 
system has been established inventors have preferred to take 
advantage of the broader privileges conferred by it than is 
possible by any state system. 

An act of 1790 provided for the granting of patents by a 
board consisting of the secretaries of State and War and the 
Attorney- General ; and in 1793 another patent act was passed, 
which committed its administration to the Secretary of State 
and the Attorney- General. 

As in Great Britain, patents were granted upon application, 
without investigation as to the novelty or utility of the inven- 
tion, the patentee running the risk of having the grant nullified 
on proof that he was not the first inventor. Applications for 
patents increased gradually; and in 1821 the clerk in the 
department of State having charge of this work was given the 
title of superintendent of patents. Up to 1836 a total of 9,957 
patents had been issued. 

In that year another act relating to patents was passed, mak- 
ing radical changes in the law and methods of administration 
and establishing the system in almost its present form. A spe- 
cial bureau called the patent office was now established in the 
department of State, with a commissioner of patents in charge. 
Patents were no longer to be granted to applicants as a matter 

1 Darcy v. Allin, 671 Noy, 673 ; 11 Coke, 86. 
*21Jac. 1, c. 3. 
14 



210 THE NATIONAL ADMINISTEATION 

of course ; but the new bureau was to issue the grant only after 
an investigation of all the questions on which its validity 
might depend. The investigation of the patent office was not 
made conclusive, in the face of subsequent proof of prior inven- 
tion; but patents granted after such an official investigation 
could be reasonably trusted, and were much more secure and 
valuable than those under the former law. Patents were 
granted, as before, for fourteen years ; but provision was now 
made for an extension for seven years additional under certain 
conditions. Other provisions were contained in the act, and 
some amendments were made during the next few years. 

On the creation of the department of the Interior in 1849, 
the patent office was transferred to it. In 1861 the term of a 
patent was changed to seventeen years, and the right to an 
extension was abolished. In 1870 there was a general revision 
of the patent law, codifying the statutes then in force, but 
making no substantial changes. This was confirmed and re- 
enacted in the Kevised Statutes of 1875 ; and with minor 
amendments constitutes the present law. 

As now organized, the patent office consists of the commis- 
sioner of patents, an assistant commissioner, a board of exam- 
iners-in-chief and a large staff of examiners, clerks, draughts- 
men and attendants. The commissioner superintends all 
operations connected with the issue of patents ; has power to 
issue regulations for the conduct of proceedings in his bureau 
and has charge of the records, apparatus and other property 
belonging to the bureau. He is the final judge so far as the 
patent office is concerned, of all controverted questions arising 
in the administration of the patents ; and the decisions of the 
commissioner form an important part of rules observed by the 
office. 

In addition to the formal issuing of letters patent to suc- 
cessful applicants, the patent office (1) determines whether an 
alleged invention is patentable; (2) settles disputes between 
rival claimants to the same invention, and (3) publishes ex- 



THE DEPARTMENT OF THE INTERIOR— II 211 

haustive information concerning the existing state of the 
industrial arts. 

Examination of applications constitutes the heaviest and the 
most important part of the work. Over 50,000 applications 
are now filed every year ; and to determine in each case whether 
the alleged invention does not conflict with any of the 700,000 
patents previously issued or with the countless number of 
unpatented articles in use requires a large body of skilled 
experts and a thorough systemization of labor. For this inves- 
tigation the whole mass of material products has been divided 
into about two hundred classes; and these classes again sub- 
divided into divisions ; and each division is assigned to exam- 
iners familiar with products assigned to it. On the receipt of 
an application, with the necessary description, it is referred to 
the appropriate examiner. If he reports the invention patent- 
able and no rival claims, the patent is allowed; if he reports 
adversely, the applicant may restate his claim (if that will 
meet the difficulty), or appeal, first to the higher board of 
examiners, or finally before the commissioner. A fee of $35 
must be paid by the applicant ; and the revenue from fees pays 
all the expenses of the office and leaves a balance to the net 
income of the treasury. 

When rival claimants for the same invention appear, an 
"interference" is declared. In such cases each of the several 
claimants is notified to make a written statement under oath, 
specifying the dates when the invention was conceived and per- 
fected by him. If these establish the priority of one, the 
patent is issued accordingly ; if not, further hearings must be 
had to determine the facts. 

When an inventor, engaged in perfecting his discovery, 
fears that some one else may apply for a patent on the same 
invention, he may file a caveat in the patent office, which 
secures to him a hearing on the question of priority before a 
patent issues to anyone for the invention. If a patent, already 
granted, is defective on account of its excessive claims, the 
mistake may be remedied by filing a disclaimer. When a pat- 



212 THE NATIONAL ADMINISTRATION 

ent fails to cover any part of an invention, owing to mistakes 
in the description or specifications, it may be surrendered and 
a new one issued. 

For disseminating information to the public, the patent office 
has issued since 1872 a weekly Official Gazette, containing a 
list of patents issued during the previous week, with abstracts 
of specifications, drawings and claims and the names of pat- 
entees, also decisions of the commissioner on questions of prac- 
tice and of the United States courts on matters of patent law. 

Not everything new is an invention ; nor is every invention 
patentable under the present law. Patents are given for a 
"new and useful art, machine, manufacture or composition of 
matter/ ' or "any new and useful design" for a manufacture 
or to be worked into or imprinted on a manufacture. The 
word manufacture is held to mean the product of a machine or 
of human industry. There must be a new product, not simply 
an old product made better or more rapidly. The term "com- 
position of matter" is understood to include all compositions 
used for food and other economics of life. Improvements on 
patented machines may be protected by patents. 

Patents are granted only to an original inventor, and to the 
first inventor in this country. The grant consists of the exclu- 
sive right for a term of seventeen years to make, use or sell the 
patented invention, and the exclusive right to empower others 
to make and use and sell it. These are property rights and 
may be transferred by the patentee, either singly or together. 

Redress for the infringement of a patent may be sought by 
an action for damages or a bill in equity for an injunction, the 
latter being now the most common. Original jurisdiction over 
such proceedings is vested in the Circuit Courts of the United 
States, certain Districts courts and the Supreme Court of the 
District of Columbia. 1 Actions against the government 
founded upon contracts as to patents are brought in the Court 
of Claims. 

1 Revised Statutes, §§ 571, 629, 1910 ; 94 U. S. 780, 



THE DEPAKTMENT OF THE INTEEIOE— II 213 

BUREAU OF EDUCATION 1 

Educational administration within the states is under the 
control of the state governments; and it is understood that 
under the constitution of the United States the national govern- 
ment has no authority, either to establish a general school 
system throughout the country, or to exercise any compulsory 
control over the state systems. Nevertheless, there has been 
established a bureau of education in the national administra- 
tion, although its functions are mainly informational and 
advisory. 

This bureau was established in 1867, as an office independent 
of any of the principal executive departments ; but two years 
later it was placed under the department of the Interior. At 
the head of the bureau is a commissioner of education, ap- 
pointed by the President and Senate at the moderate salary of 
$3,500 a year. Unlike the commissioner in charge of the 
bureaus in the department of the Interior previously consid- 
ered, the commissioner of education has been considered a 
permanent and not a partisan officer, who holds his position 
through party changes in the presidency. The staff of the 
bureau consists of a collector of statistics, three specialists in 
particular branches of education, and a small force of clerks, 
copyists and laborers. 

It is the duty of the commissioner of education to collect and 
publish statistics and facts showing the condition and progress 
of education in the several states and territories, and to diffuse 
such information respecting the organization and management 
of schools and school systems and methods of teaching as will 
promote the development of efficient school systems and the 
cause of education throughout the United States. He is also 
charged with the administration of the endowment fund for 
the support of colleges of agriculture and the mechanic arts, 

1 Charles Warren, Answers to Inquiries About the U. S. Bureau of Edu- 
cation, Its Work and History (1883) ; Annual Statement of the Commis- 
sioner of Education to the Secretary of the Interior (1902) j International 
Review, 14:284. 



214 THE NATIONAL ADMINISTRATION 

and with the supervision over education in Alaska. In the 
discharge of these duties a voluminous report is issued each 
year concerning both public and private education in the 
United States and foreign countries, and also monographs on 
special educational topics. The bureau has collected one of 
the most valuable pedagogical libraries in the world ; and has 
been called a sort of educational clearing house. The commis- 
sioner speaks frequently at educational meetings, and is recog- 
nized as one of the educational leaders of the country ; but he 
has no authority to exercise direct control over the state systems 
of education. 

Propositions have been made that the bureau should be 
established as a separate executive department, with a Secre- 
tary of Education in the President's Cabinet. But with the 
accepted view as to the limits of the national authority over 
education, there does not seem to be an adequate basis for such 
a change. At the same time there would seem to be no good 
reason why the commissioner of education should not rank in 
point of salary with the commissioners in charge of the other 
bureaus in the department of the Interior. 

THE GEOLOGICAL SURVEY 

A highly technical scientific service is that of the geological 
survey. Preceded by some special geological investigations, 
the present service was established in 1879 as a bureau in the 
department of the Interior. It is under the immediate control 
of a director, appointed by the President and Senate. This 
officer makes nominations for appointment by the Secretary of 
the Interior, as geologists, topographers, engineers, draftsmen 
and other members of the regular corps of the survey ; and may 
also make some temporary appointments. He has a general 
charge of the work, and makes reports of the operations and 
finances at the close of each fiscal year. The position has been 
filled by scientific experts, who have not been made subject to 
party changes in the administration. 

It is the duty of the geological survey to examine the geo- 



THE DEPAKTMENT OF THE INTEBIOR— II 215 

logical structure, mineral resources and products of the 
national domain, and the survey of forest reserves. This in- 
cludes the preparation of topographic and geologic maps ; the 
measurement of streams and the determination of the water 
supply of the United States with a view to reclaiming arid 
lands ; and the engineering operations in connection with irri- 
gation works authorized in 1902. The survey is on the one 
hand a bureau of research in abstract and theoretical questions 
in geology ; and on the other hand a bureau investigating and 
publishing facts of large practical economic importance. 

As a foundation for the more strictly geological work, the 
survey has undertaken, in cooperation with state authorities, 
the preparation of a complete topographic map of the United 
States. About 900,000 square miles, thirty per cent, of the 
total area of continental United States (excluding Alaska) has 
been mapped and published in sections. 

This has been followed by work on geologic maps, showing 
the surface geology, and minerals of economic value, with cross 
sections showing sub-surface conditions. With these maps are 
published reports on the same areas, the whole furnishing 
information of great value to geologists, mining engineers and 
land owners. Similar investigations and reports have been 
made on the water resources of the country. In all of this 
work, the policy of the survey has been to deal for the most 
part with the broader inter-state problems, leaving more 
detailed economic work to the state surveys. Physical, chem- 
ical, lithological and paleontological laboratories are estab- 
lished in the bureau for assisting in the field surveys and carry- 
ing on research investigations in special problems, such as 
determining the best materials for highway construction. 

To carry out the irrigation works in the arid regions of the 
west, recently authorized, a special corps of engineers, known 
as the reclamation service, has been established. 

In addition to the reports of the various scientific investiga- 
tions the bureau prepares and publishes an annual report of 
the mineral products of the United States. 



216 THE NATIONAL ADMINISTRATION 

THE TERRITORIES 

Over some parts of the area under the jurisdiction of the 
national government, the Secretary of the Interior exercises a 
supervision of the internal and local government analogous in 
a slight degree to the control of a European minister of the 
interior. The districts to which this supervision applies are 
known as the territories of the United States. They are dis- 
tinguished on the one hand from the states ; and on the other 
hand from the dependencies in the Western Pacific ocean, 
whose civil administration is under the supervision of the 
department of War. 

At the present time this supervision extends only to the 
District of Columbia and the territories of Arizona, New Mex- 
ico, Oklahoma, Alaska, the Hawaiian Islands and Porto Rico, 
besides the Indian reservations previously noted. These com- 
prise about one-fourth of the total area of the United States 
(excluding the Philippine Islands), but with a total popula- 
tion of only a little over two millions. Most of the states have, 
however, passed through the stage of government as a territory, 
and a short account of this form of government is important 
not only in reference to the regions to which it now applies, 
but also as a step in the development of state governments. 

Over the area of the United States not organized as states 
the national government has, in addition to the powers it exer- 
cises within the states, all the powers of government except as 
restricted by the national constitution. In the case of the Dis- 
trict of Columbia and government property owned as sites for 
national buildings and works, the constitution specifically au- 
thorizes Congress "to exercise exclusive legislation in all cases 
whatsoever. ' n But for other regions the only basis in the 
constitution for the authority exercised is the clause that Con- 
gress "shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other prop- 
erty belonging to the United States. ' ,2 The power of Congress 

1 Article I, § 8. 
* Article IV, § 3. 



THE DEPAETMENT OF THE INTERIOR— II 217 

over the territories has, however, been repeatedly affirmed by 
the Supreme Court. 1 

Before the adoption of the constitution the Congress of the 
Confederation had provided, in the ordinances of 1784 and 
1787, for the government of the territory northwest of the Ohio 
river. The Northwest Ordinance was confirmed with minor 
changes by the new Congress in 1789, and a system similar in 
most respects enacted for the territory south of the Ohio river 
in 1796. These measures provided for the appointment by the 
President and Senate of governors and territorial judges, who 
should act also for a time as the local legislative authority. 
But it was further provided that when a given population was 
reached, there should be locally elected legislatures ; while ulti- 
mately the territories were to become states, with control over 
their own constitutions. 

This system of territorial government was afterwards ex- 
tended to the region covered by the Louisiana purchase, 
Florida, the Oregon country, and part of the Mexican cession. 
It never applied to the thirteen original states, nor to Ver- 
mont, Kentucky, Texas, California and West Virginia. With 
these exceptions all of the area of continental United States has 
been at some time governed under the territorial system. 
From time to time the number and boundaries of territories 
have been changed, as population increased and new states 
were created and admitted to the Union. 

At the present time the territories of Oklahoma, Arizona, 
New Mexico and the Hawaiian Islands have similar forms of 
government. Each has a governor appointed for a term of 
four years by the President and Senate, who is the chief execu- 
tive and also the representative of the national authority, hav- 
ing an absolute veto on all the acts of the territorial legislature. 
Formerly these governors were often sent out from the older 
states; but it is now customary to appoint residents of the 
territories. Each has also a secretary, appointed by the Presi- 
dent and Senate, and other administrative officers usually pro- 
*1 Peters, 542; 16 Howard, 164; 101 U. S. 129; 137 U. S. 202. 



218 THE NATIONAL ADMINISTRATION 

vided for by territorial legislation. Still further, each of these 
has a number of territorial judges, appointed by the President 
and Senate, who are not part of the national judiciary, but 
have jurisdiction similar to that of the state judges, and who 
may be removed from office by the President. 

A locally elected legislature in each of this group of terri- 
tories enacts* legislation in accordance with specific grants of 
power from Congress. This includes the power to organize 
local governments, and authorize them to levy taxes for local 
purposes, and to establish an educational system and various 
penal and charitable institutions. But all of the acts of a ter- 
ritorial legislature must be approved by the governor, while 
any statute may be annulled by act of Congress. Each of these 
territories sends a delegate to the House of Representatives, 
who has a seat, salary and the right to speak, but not the right 
to vote. 

In Porto Rico, the territorial government, established in 
1900, is somewhat different. Not only the governor and secre- 
tary, but also a commissioner of the interior and a commis- 
sioner of education, are appointed by the President ; and all of 
these are sent out from the mainland. These executive officers 
are also members of the upper house of the legislature ; and a 
majority of the members of the upper house are appointed by 
the President. 

Alaska has a governor, secretary and judges, as in the terri- 
tories just noted; but many administrative duties are per- 
formed by the judges and clerks of courts, and there is no local 
legislative body, the statutes for this territory being enacted 
directly by Congress. 

The District of Columbia was at one time organized as a 
territory, but now has a special form of municipal government. 
Judges and various commissioners and administrative officers 
are appointed by the President, while local legislation is passed 
by Congress, which also provides a large part of the revenue 
for the local government. 

National control over the territories has been exercised 



THE DEPARTMENT OF THE INTERIOR— II 219 

mainly by congressional legislation and presidential appoint- 
ment of local officials. Formerly these officials were classified 
under the department of State; but that department did not 
exercise any active control. They are now classified under the 
department of the Interior ; and the governors of the territories 
and some of the local officials in the District of Columbia 1 make 
annual reports to the Secretary of the Interior. There is, how- 
ever, no special bureau in the department offices at Washing- 
ton charged with these matters; and it is evident that the 
supervision of the local officials is merely nominal. 

In conclusion, mention must be made of some minor and 
miscellaneous offices and institutions under the general super- 
vision of the department of the Interior. A number of these 
are in Washington : the superintendent of the Capitol building 
and grounds, the Government hospital for the insane, the 
Freedmen's hospital and Howard university. The civilian 
employees in the national park reservations are also classed 
under this department. 2 

1 Columbia Institution for the Deaf and Dumb, Register of Deeds and 
Register of Wills. 

2 Yellowstone park in Wyoming; Yosemite, General Grant and Sequoia 
parks in California ; Mt. Ranier park, Washington ; Crater Lake park, Ore- 
gon; Wind Cave park, South Dakota; Hot Springs Reservations, Arkan- 
sas, and Rock Creek park, District of Columbia. 



CHAPTER XV 
The Department of Agriculture 

References. — C. H. Greathouse: Historical Sketch of the Department 
of Agriculture, in Year Book of the Department for 1897. — Ameri- 
can Law Review, 30 : 787.— Nature, 64:372.— Science, 9:199; 13:321. 
— National Geographical Magazine, 14:35. 

Weather Bureau 

Popular Science Monthly, 53:307. — Forum, 25:341. — Living Age, 
224:579. — Engineering Magazine, 1:772. — Chautauquan, 14:291,, 

While the title of the department of Agriculture indicates 
what is perhaps the most important field of its activities, its 
functions have been extended to include the whole range of 
rural industry, and some branches of administration only very 
indirectly related to agricultural interests. 

It is but a few years since the department was organized as 
one of the principal executive departments ; but its beginnings 
can be traced from an earlier time. Even during the colonial 
period there were some desultory instances of government aid 
and encouragement to agriculture, both by the colonial au- 
thorities and the British Parliament. Soon after the national 
government was organized some attempts were made to estab- 
lish a board of agriculture ; but neither the first proposal in 
1796 nor a second effort in 1817 were successful. Some of the 
United States consuls introduced, on their own initiative, some 
new plants and new breeds of animals ; and a few special re- 
ports on agricultural topics were published as congressional 
documents- But no systematic work was done and no official 
organization established for fifty years after the adoption of 
the constitution. 



THE DEPARTMENT OF AGRICULTURE 221 

In 1836 the commissioner of patents— H. L. Ellsworth — 
began the distribution of considerable quantities of seeds and 
plants received from various government representatives in 
foreign countries ; and three years later through his influence 
an appropriation of $1,000 was made for the purpose of pro- 
curing and distributing seeds of new plants, carrying on agri- 
cultural investigations and collecting agricultural statistics. 
This work was performed directly under the commissioner of 
patents, then an officer in the department of State. By 1841 
some 30,000 packages of seeds were distributed, and agricul- 
tural statistics, gathered in the fifth census, were published in 
1842. Both the distribution of seeds and the publication of 
agricultural statistics and reports were continued from this 
time. In 1849, when the. patent office was transferred to the 
department of the Interior, there appears in the official register 
a collector of agricultural statistics, the first officer especially 
assigned to this work ; and after 1857 there is a small force of 
clerks in the section of agriculture in the patent office. 

A more important step was taken in 1862, when there was 
established a ' ' department ' ' of agriculture, independent of the 
executive departments, and ranking rather as a bureau with a 
commissioner in charge. Isaac Newton, then chief of the agri- 
cultural section in the patent office, was appointed as the first 
commissioner of agriculture. Other officers provided included 
a statistician, a chemist, an entomologist, and a superintendent 
of the propagating garden and experimental farm, their titles 
serving to indicate in a general way the character of the work 
done by the new department. 

From this time additions were steadily made to the functions 
of the department and new offices were established to meet these 
conditions. In 1868 a botanist was appointed, and in 1871 a 
microscopist. In 1877 a forestry division was created. A year 
later a special investigation into animal diseases was begun; 
and in 1884 a special bureau of animal industry was established 
to carry on this work. In 1887 agricultural experiment 
stations throughout the country were first established • and at 



222 THE NATIONAL ADMINISTRATION 

the same time new scientific divisions in pomology, ornithology 
and mammalogy were formed. Meanwhile, too, the activity of 
the older divisions had steadily increased. 

In 1889 the department of Agriculture was raised to the rank 
of an executive department ; and its principal official became 
the Secretary of Agriculture, who is given a seat in the Presi- 
dent 's Cabinet. At that time there were no important changes 
in the internal organization or functions of the department; 
but since then further additions have been made. In 1890 the 
inspection of exported cattle was begun; in 1891 the weather 
bureau was transferred from the department of War to the 
department of Agriculture ; in 1892 experiments in irrigation 
were commenced ; in 1893 a road inquiry office was established, 
in 1894 a division of soils, and in 1895 a division of agrostology. 
More recently there has been some readjustment and reorgani- 
zation of the various branches of the department with the 
expansion of their activities. 

Before the change in the rank of the department in 1889, its 
chief officer, the commissioner of agriculture, had direct super- 
vision of the scientific work of the department, and was usually 
qualified for this function; although political considerations 
had some weight in making appointments, and changes were 
usually made in each presidential term. Since the head of the 
department has become a secretary in the President's Cabinet 
the political character of the office has been more emphasized. 
The Secretary of Agriculture has for the most part confined 
himself to executive duties ; while the immediate supervision of 
the technical scientific investigations has been exercised by the 
assistant secretary. 

The functions of the central offices of the department consist 
simply of general supervision over the various subordinate 
offices ; and it is by an examination of the latter that the work 
of the department as a whole can best be learned. The most 
important of these subordinate offices are classed as bureaus, 
while others are known as divisions or simply as offices. In the 
various bureaus and other offices of this department, not only 



THE DEPAETMENT OF AGEICULTUEE 223 

are the subordinate positions governed by the civil service 
rules, but the bureau and division chiefs have also been perma- 
nent officers, not affected by political changes in the adminis- 
trative system. 

Significant features in the work of the department are the 
emphasis on scientific methods and the almost complete absence 
of compulsory powers. Most of the subdivisions consist 
mainly of a small force of technical experts at Washington, and 
perhaps a few special agents in the field ; and only two bureaus 
have an elaborate system of local agents throughout the coun- 
try. Only the bureau of animal industry has authority to 
require private citizens to obey its orders, and that only in 
reference to inter-state and foreign commerce. In all other 
lines the results of the work of the department are simply 
offered to those who wish to use it. 

This situation is doubtless due in the main to the fact that 
there has been no demand for restrictive measures regulating 
agricultural interests ; but it may also be due in part to doubt 
as to the constitutional authority of the national government to 
deal with agricultural questions not directly related to inter- 
state or foreign commerce. It has been maintained that much 
of the work now undertaken would not stand the test of the 
courts ;* but no such test has been applied, and it would seem 
that the present methods are now firmly established. 

The Weather Bureau.— In 1863 the department of Agricul- 
ture began the publication of meteorological data gathered by 
the Smithsonian Institution. On the recommendation of the 
commissioner of agriculture a service of daily weather reports 
was authorized by Congress in 1870, conducted by the chief 
signal officer of the army. In 1891 this weather service was 
transferred from the department of War to the department of 
Agriculture, and organized as a special bureau. 

It is the duty of the weather bureau to record the climatic 
and meteorological conditions and to gauge the principal 
rivers throughout the United States; to prepare and dis- 
1 American Law Review, 30 : 787. 



224 THE NATIONAL ADMINISTEATION 

tribute weather reports; and to issue forcasts of weather 
changes and floods, for the benefit of agriculture, commerce 
and navigation. In connection with these duties it performs 
a continuous scientific investigation into the conditions and 
causes of meteorological changes, for the purpose of increasing 
the reliability and range of its forecasts. 

To carry on this work the bureau has a large number of local 
agencies. There are about 200 stations, fully equipped for 
making complete records, throughout the United States and at 
various points in the Caribbean Sea. There are also many 
other stations where records of temperature and rainfall are 
made; and over 3,000 posts where voluntary observers make 
and report observations of temperature and rainfall with 
standard instruments. Kecords of local observations taken at 
the same time are telegraphed to Washington and various 
district centers ; and are the basis for reports and forecasts for 
different sections of the country. For the most part private 
telegraph lines are used for transmitting reports; but over 
400 miles of telegraph and cable lines have been constructed 
by the bureau to special points. 

For the distribution to the public of the weather reports and 
forecasts, the bureau has 250 stations for the display of storm 
and cold wave warnings ; while over 2,000 places receive fore- 
casts daily by telegraph or telephone at government expense, 
and more than 200,000 forecasts are issued daily by telephone, 
telegraph and mail without expense to the government. 

Special services have charge of the gauging of rivers in time 
of floods and climatic and crop reports in the agricultural 
regions. 

At the central office of the bureau in Washington there are 
various divisions corresponding to the different branches of 
work, with other divisions having charge of scientific research, 
the publication of records, the purchase of supplies, and ac- 
counts. The total paid force connected with the bureau is 
about 1,400 ; while there are also over 3,000 voluntary weather 
observers and 14,000 voluntary crop correspondents. 



THE DEPARTMENT OF AGKICULTUEE 



225 



The Bureau of Animal Industry has for its principal object 
the suppression of dangerous communicable diseases in live 
stock, particularly in connection with the foreign trade. It 
makes investigations as to the existence of such diseases, 
through a system of inspection, both of live stock and their 
products, at the principal slaughtering centers in the United 
States and at import and export points. 1 Its examinations 
include that of vessels for the transportation of export animals 
and of quarantine stations for imported live stock. The 
bureau further carries on a continuous scientific research into 
the nature, causes and prevention of various communicable 
diseases. It also superintends the measures for extirpating 
such diseases, not only by condemning diseased animals, but by 
controlling the inter-state movement of live stock. Among the 
important results of the bureau's work have been the suppres- 
sion of a serious epidemic of pleuro-pneumonia in cattle in the 
early nineties and the control of Texas fever. 

More recently the bureau has been given special duties in 
relation to dairy products. It inspects the manufacture of 
renovated butter, supervises its inter-state commerce, and in- 
spects dairy products for export. 

Since its establishment, twenty years ago, the bureau has 
been in charge of the same chief, Mr. D. E. Salmon. 

The Bureau of Plant Industry has recently been formed by 
grouping together a number of separate divisions. Most of 
these divisions are engaged in strictly scientific experimental 
investigations, carried on for the most part in Washington; 



1 Inspections tor the Year Ending June 30, 1903 





Ante Mortem 


Post Mortem 




Total 
Inspections 


Rejected 


Total 
Inspections 


Condemned 


Cattle 


11,988,760 

14,654,249 

1,041,138 

31,546,222 

344 


41,560 

17.887 

5,542 

61,297 


6,165,890 

8,598,175 

670,173 

21,827,047 

344 


14,605 


Sheep 


15,233 


Calves 

Hogs 


1,629 

46,994 

11 








Total 


59,230,713 


125,886 


37,261,629 


78,472 






15 











226 THE NATIONAL ADMINISTBATION 

and there is no large list of local agents in different parts of 
the country. 

Oldest among these divisions is that which continues the 
work of seed distribution, which was the origin of the depart- 
ment of Agriculture. But this is no longer a means of intro- 
ducing new varieties of plants or promoting the development 
of agriculture. Something like 40,000,000 packets of miscel- 
laneous garden and flower seeds are distributed, on orders of 
members of Congress to their constituents ; and the work of the 
bureau consists in purchasing the seeds in bulk in the open 
market, contracting for putting them up in small packets, and 
carrying out the mechanical work of distribution. There have 
been many attempts by the Secretaries of Agriculture to aban- 
don this work, but Congress insists on its continuation. 

Another division has charge of the collection and distribu- 
tion of seeds and plants of new and valuable agricultural 
crops adapted to different parts of the United States. 

Four branches of the bureau investigate special phases of 
plant life in relation to agriculture. One deals with vegetable 
pathology and physiology, studying diseases of agricultural 
crops and economic plants, nutrition of plants, rotation of 
crops, and problems of crop improvement by means of breeding 
and selection. Another has charge of botanical problems, in- 
cluding the purity and value of seeds, methods of controlling 
the introduction and spread of weeds, and the injurious effects 
and antidotes in case of poisonous plants. A third investi- 
gates the natural history, geographical distribution, methods 
of cultivation and uses of grasses and forage plants, and their 
adaptation to various soils and climates, introducing promising 
varieties. And the fourth deals with pomological investiga- 
tions, studying the habits and qualities of different fruits, their 
adaptability to various soils and climates and conditions of cul- 
ture, and the methods of harvesting, handling and storing 
fruits. 

Several subdivisions of the bureau have charge of the experi- 
mental gardens and farms operated in connection with the 



THE DEPARTMENT OF AGRICULTURE 227 

scientific investigations. One has control of the grounds 
around the department buildings, including their general care 
and ornamentation, the management of the conservatories, and 
investigations in relation to the culture of plants under glass 
and intensive horticulture. An experimental farm has been 
established at Arlington, Va., designed to become an adjunct 
to all branches of the department. And experiments in tea 
culture are being carried on at Summerville, S. C, and Pierce, 
Texas. 

The Bureau of Forestry has for its main duty to promote 
the greatest permanent usefulness of the forest interests of the 
United States. It carries on scientific investigations as to the 
methods of forest management, studies the special uses and 
adaptability of commercially valuable trees, and tests the 
strength and durability of construction timbers. It also gives 
practical advice to lumbermen and owners of forest lands as 
to the conservative handling and extension of forests ; and, at 
the request of the Secretary of the Interior, it makes plans for 
the management of the national forest reserves. The distri- 
bution of forest work among several bureaus in separate 
departments is not conducive to the most effective results ; and 
it is proposed to unite all of the forestry service in this bureau. 

The Bureau of Chemistry maintains a series of laboratories 
for investigating the chemical composition of fertilizers, agri- 
cultural products, foods, drugs and other articles. Its prin- 
cipal independent work has been in discovering food adultera- 
tions and experimenting to ascertain the effects of various 
food preservatives. It also cooperates with the other bureaus 
of the department and with the other executive departments in 
making chemical analyses covering a wide range of subjects. 

The Bureau of Soils has charge of investigating the prop- 
erties of different soils and determining their relation to crop 
production. It is engaged in making an extensive soil survey 
over the country and mapping the results; and carrying on 
physical and chemical investigations in its laboratories. Spe- 



228 THE NATIONAL ADMINISTEATION 

cial attention has been given to the reclamation of alkali lands 
and the cultivation, curing and fermentation of tobacco. 

The Bureau of Statistics includes the former division of sta- 
tistics and the division of foreign markets. The first of these 
collects data as to the production of crops and farm animals, 
through a corps of county and township correspondents, trav- 
eling agents and other sources; and gathers similar informa- 
tion from foreign countries through special agents, consuls, 
and agricultural and commercial authorities. It tabulates and 
coordinates the statistics collected from various sources, and 
issues a monthly crop report. 

It is the object of the division of foreign markets to promote 
the extension of the agricultural export trade of the United 
States. This it does by collecting and publishing the records 
of the production, importation and exportation of farm and 
forest products in different countries, investigating the condi- 
tions of demand and supply, the requirements of foreign mar- 
kets and the obstacles to trade extension. 

The Division of Entomology carries on investigations in 
reference to insects injurious to agricultural plants, makes 
experiments to discover the best methods of suppressing inju- 
rious insects, and publishes and disseminates information on 
these points for the benefit of the agricultural interests. It 
has also conducted investigations with a view of introducing 
silk worms into the United States and developing bee culture. 

The Division of Biological Survey has charge of three dis- 
tinct lines of investigation : mapping the boundaries of natural 
life and crop zones of the country, with a view to determining 
the agricultural products suitable to different climatic condi- 
tions; studying the economic relations of birds to agriculture 
and horticulture, so as to determine what birds are useful and 
what are injurious ; and the preservation and introduction of 
game, including supervision over the importation of foreign 
birds, to prevent the introduction of undesirable species. 

The Office of Experiment Stations has charge of the relations 
of the department to the experiment stations connected with 



THE .LEPAKTMENT OF AGEICULTUEE 229 

the state and territorial agricultural colleges ; it directly man- 
ages agricultural experiment stations in Alaska, Hawaii and 
Porto Rico; and it carries on special investigations on the 
nutritive value of human foods and on irrigation engineering. 
It collects and publishes general information about the local 
institutions, indicates to them special lines of investigation, 
and aids in the conduct of cooperative experiments. 

The Office of Public Road Inquiries has for its purpose to 
promote the improvement of public highways throughout the 
United States. It collects information about systems of road 
management ; it conducts and promotes investigations and ex- 
periments as to the best methods of road building ; it cooper- 
ates with the bureau of chemistry in testing and studying the 
chemical and physical properties of road materials ; it prepares 
publications to disseminate information on the subject of road 
making ; and it advises and assists local authorities in the con- 
struction of experimental or illustrative sections of improved 
roads. 

There remain a few other branches of the department, which 
are in the main auxiliary to those already noted, The division 
of publication edits the various documents (except those of the 
weather bureau) supervises their printing, and has charge of 
their distribution. The division of accounts and disburse- 
ments deals with the expenditures and financial interests of 
the department. The Library consists of over 80,000 volumes, 
bearing on agricultural questions and the work of the various 
bureaus and divisions in the department. 



CHAPTEE XVI 

The Department of Commerce and Labor 

Eeferences. — Annals Amer. Acad. Soc. and Pol. Sci., 24:1. — World's 
Work, 5:3334.— Independent, 52:412.— Act of February 14, 1903.— 
Eeports of Department of Commerce and Labor; Carroll D. 
Wright : The Working of the Department of Labor. 

Bureau of the Census 

Carroll D. Wright: History of the Census. — Political Science Quar- 
terly, 1:107; 5:259; 11:589. — Publications of the American Economic 
Association, New Series, No. 2. — American Statistical Association, 1:71. 
— North American Eeview, 170:99. — Century, 43:831; 44:712. — Forum, 
30:109. 

Bureau of Navigation 

J. D. J. Kelly: The Question of Ships. — W. W. Bates: American 
Navigation. — W. L. Bates: The American Merchant Marine. — North 
American Eeview, 125:544; 158:433; 175:829; 17 6 -A90.— American 
Journal of Social Science, 9:101. — New Jersey Law Journal, 9:82. 

Lighthouse Establishment 
A. B. Johnson: The Modern Lighthouse Service. — Cassier's Maga- 
zine, 6:297. — Century, 32:219. — American Catholic Quarterly, 17:413, 
644, 873.— Overland, n. s. 33:312. 

Coast and Geodetic Survey 
Science, 7:2, 460; 8:359; 12:50; 18:33.— Eel Engineering, 35:38.— 
National Geographical Magazine, 14:1. 

Bureau of Fisheries 
Harper's Monthly, 49:213. — North American Eeview , 176:593.— 
Science, 12:219; 18:476. 

Bureau of Immigration 
Eichmond Mayo-Smith : Emigration and Immigration. — Political 
Science Quarterly, 3:46, 197, 409; 4:480; 7:232; 19 : 32.— North Ameri- 
can Eeview, 40:457; 163:252; 165:393; 175:53; 178:558; 179:226, 263. 
Atlantic Monthly, 75:345; 77:822; 86:535. — Forum, 30:555. — Annals 
Amer. Acad. Soc. and Pol. Set., 24:169.— World's Work, 1:381.— Cath- 
olic World, 71:110. 



COMMEECE AND LABOE 231 

Last to be established among the principal executive depart- 
ments of the national administration is the department of 
Commerce and Labor, authorized by act of February 14, 1903, 
and brought into active existence on July 1 of that year. It 
must not be supposed, however, that this was the first step in 
establishing national administrative control in this field. One 
of the most important powers of the United States government 
is the regulation of inter-state and foreign commerce ; and from 
the beginning of the government under the constitution acts of 
Congress have been passed in reference to these matters, and 
special officers provided for administering these statutes. As 
the result of many of such acts a great variety of administra- 
tive bureaus with a host of officials and agents had been devel- 
oped. But these various bureaus and officials were not organ- 
ized into any administrative system; they were scattered 
through the different departments, and in some cases outside 
of all of the departments, without any unifying relation. By 
the creation of the department of Commerce and Labor most 
of these bureaus have been taken from departments with which 
they had little or no logical relation; and have been brought 
together into the new department, where their work can be 
coordinated and harmonized. At the same time two new bu- 
reaus—the bureau of corporations and the bureau of manufac- 
tures—have been established in the new department. 

It will serve to give a general idea of the field allotted to this 
department, to name the various bureaus transferred to its 
control. The larger number were formerly in the Treasury 
department, from which came the bureaus of statistics, navi- 
gation, immigration and standards, the lighthouse and the 
steamboat inspection services and the coast and geodetic sur- 
vey. From the department of State was taken the bureau of 
foreign commerce; and from the department of the Interior, 
the census bureau ; while the formerly unattached department 
of labor and fish commission have also been added. It may be 
noted that this does not include all of the administrative au- 
thorities dealing with commercial matters. The inter-state 



232 THE NATIONAL ADMINISTBATION 

commerce commission is still left outside of the new depart- 
ment, and remains unattached to any of the executive depart- 
ments ; while the life-saving service remains in the department 
of the Treasury. 

At the head of the department is the Secretary of Commerce 
and Labor, and an assistant secretary, with a small staff of 
clerks. In inaugurating the new department the secretary has 
given personal attention to the readjustment of work among 
the various bureaus, so as to avoid overlapping and duplication 
of effort, and to secure a better coordination of duties. He has 
general supervision over all the bureaus in the department ; and 
it is his duty to make special investigations at the request of 
the President or Congress and to make annual reports to Con- 
gress on the work of the department. Attached to the imme- 
diate office of the secretary are the small number of special 
agents and inspectors in the seal islands of Alaska and super- 
vising salmon fisheries. 

The Bureau of Corporations is authorized to investigate the 
organization, conduct and management of the business of any 
corporation, joint stock company or corporate combination 
engaged in inter-state or foreign commerce, except common 
carriers subject to the inter-state commerce act. It is to collect 
and report to the President such information as will enable 
him to make recommendations to Congress for legislation regu- 
lating such commerce, and to publish such part of this infor- 
mation as the President may direct. To accomplish these pur- 
poses, the commissioner of corporations is given the same 
powers as the inter-state commerce commission, including the 
right to subpoena and compel the attendance of witnesses and 
the production of documentary evidence and to administer 
oaths. 

It is also the duty of the bureau to gather, compile, publish 
and supply useful information concerning corporations en- 
gaged in inter-state or foreign commerce, including insurance 
corporations. 

The Bureau of Manufactures was not established during the 



COMMERCE AND LABOB 233 

first year of the new department. It will be in charge of a 
commissioner, and its province will be to foster, promote and 
develop the manufacturing industries of the United States, 
and extend their markets, by compiling and publishing infor- 
mation concerning these industries and markets. It is made 
the duty of consular officers to collect such information in for- 
eign countries for the use of this bureau. 

STATISTICAL BUREAUS 

The Bureau of Labor was first organized in 1885 as a bureau 
in the department of the Interior. In 1888 the duties of this 
bureau were transferred to a newly created department of 
Labor, with enlarged powers. This new department was not 
attached to any of the principal executive departments; nor 
did it rank as another coordinate department. Its chief officer 
retained the bureau title of commissioner, and was not ad- 
mitted to the President's Cabinet,— his position corresponding 
to that of the commissioner of agriculture from 1882 to 1889. 
This department of labor has been incorporated into the newly 
established department of Commerce and Labor, appearing 
again as a bureau. 

At the head of the bureau is the commissioner of labor, ap- 
pointed by the President and Senate ; but the position has been 
considered non-political in character. Carroll D. Wright occu- 
pied the post from 1887 to 1904. The staff of the bureau 
consists of clerks, statistical experts at Washington, and trav- 
eling special agents. 

It is the duty of the bureau "to acquire and diffuse among 
the people of the United States useful information on subjects 
connected with labor in the most general and comprehensive 
sense of the word, and especially in its relations to capital, the 
hours of labor, the earnings of laboring men and women, and 
the means of promoting their material, social, intellectual and 
moral prosperity. ' ' Its principal work has been the collection 
and publication of a series of elaborate statistical investigations 
on various questions connected with industrial labor, and the 



234 THE NATIONAL ADMINISTRATION 

issue of a bi-monthly bulletin containing shorter papers on 
special topics within the same field, labor laws and labor 
reports of the states and foreign countries, and, for a few 
years, municipal statistics of the principal American cities. 
Among the more important investigations may be mentioned 
those on strikes and lockouts 1881-1900, costs of production in 
iron, textile and glass industries, industrial education, munic- 
ipal and private ownership of water, gas and electric light 
plants. 

In spite of the controverted nature of the problems consid- 
ered, the bureau has established and maintained a reputation 
for impartiality and accuracy in its investigations. In pur- 
suance of this policy the reports of the bureau do not attempt 
to interpret the facts presented or to recommend definite 
measures. As a result it is difficult to trace directly the effects 
of the investigations in legislation ; but there can be no doubt 
that the indirect effects have been of much importance. 

The Bureau of the Census has only recently been organized 
on a permanent basis ; but a national census has been taken at 
every decade since 1790, in accordance with the requirement of 
the constitution. At first the census work was in charge of the 
department of State, with the United States marshals arrang- 
ing the details in their respective districts and sending in the 
returns. At the seventh census, in 1850, the Secretary of the 
Interior was given general supervision; and a census board, 
consisting of the Secretary of State, the Attorney-General and 
the Postmaster- General, was formed to prepare the schedules 
for the more extended inquiries then inaugurated. 

For the ninth census, General Francis A. Walker was ap- 
pointed superintendent, and introduced important changes in 
methods ; but the local enumeration was still performed under 
the direction of the marshals. In 1880 the use of marshals 
was discontinued, and a body of census supervisors was organ- 
ized, each having charge of the enumerators in a specified dis- 
trict. This plan was again followed for the eleventh and 
twelfth censuses. 



COMMERCE AND LABOR 



235 



Up to this time the whole corps of census officials had to be 
newly organized for each census; but in 1902 provision was 
made for a permanent bureau of the census. This was at first 
placed in the department of the Interior, which had super- 
vised the work for several decades ; but on the creation of the 
department of Commerce and Labor, the bureau was trans- 
ferred to it. 

As now organized, the bureau consists of a director, ap- 
pointed by the President and Senate, four chief statisticians 
and a large force of clerks and special agents. The corps of 
district supervisors and local enumerators will still have to be 
reorganized each decade. 1 

It is the duty of the bureau to take a census of the United 
States every ten years, and to collect such special statistics as 
are required by Congress. The range of inquiries at the 
decennial census has increased enormously from the six ques- 
tions used in 1790. Complex systems of inquiries are now 
ascertained, not only in reference to population, but also on 
vital statistics, agriculture and manufactures, with additional 
investigations on the defective and criminal classes, state and 
local finances, transportation, mining and other subjects. 
With the permanent bureau statistics are to be collected in 



1 Development of the Census Service 
The Century Magazine, 43:838. 



Census 
Year 


Number 
of Em- 
ployees 


Time 
for enu- 
meration 


Time to pub- 
lication of 
population 


Total 
pages 

in 
reports 


Total 
cost 


Total 
population 




Months 


Years 


Mos. 




1790 

1800 

1810 

1820 

1830 

1840 

1850 

1860 

1870 

1880 

1890 

1900 


667 

924 

1,130 

1,229 

1,598 

2,236 

3,436 

4,665 

7,111 

33,02? 

50,122 

59,373 


18 
16.5 
10 
15 
14 
?? 
20.5 
?? 
15 

1 

1 

1 


1 
1 
1 
1 
1 
1 
1 
3 
2 
2 
4 
1 


8 
6 
3 

7 

10 

9 

9 

9 

4 

10 

10 

7 


56 

74 

413 

288 

171 

890 

1,605 

2,879 

2,406 

5,245 

10,220 

10,900 


$ 44,377 

66,386 

177,699 

208,526 

378,545 

833,371 

1,423,351 

1,969,377 

3,421,198 

5,790,678 

11,547,127 

11,854,817 


3,929,214 

5,308,483 
7,239,881 
9,638,453 
12,866,020 
17,069,453 
23.191,876 
31,443,321 
38,558,371 
50,429,345 
62,979,766 
76,149.386 



236 THE NATIONAL ADMINISTRATION 

1905 on manufactures, births and deaths, cotton production, 
and municipal matters. The bureau has also had charge of 
the compilation and tabulation of the results of the census of 
the Philippine Islands taken in 1903. 

The Bureau of Statistics combines the functions of the for- 
mer bureau of statistics in the department of the Treasury 
(established in 1866) with those of the bureau of foreign com- 
merce in the department of State. It is primarily an office 
for the compilation and publication of commercial statistics 
and consular reports. 

Statistics of foreign commerce, collected through the cus- 
toms service, are prepared in great detail, showing imports 
and exports by countries and customs districts, duties collected 
on each class of imports, and the movement of vessel tonnage 
in the foreign trade at United States ports. In recent years 
information in regard to the leading features of internal com- 
merce has also been published, including the traffic on the 
great lakes and commercial data for the principal seaports and 
inland centers ; but there is no complete system of data for this 
branch of the work and most even of the statistics published in 
this line are secured through unofficial organizations. 

A monthly summary of finance and commerce is published, 
showing the data on all the above mentioned points ; and these 
monthly records are later compiled in a comprehensive annual 
report. Additional reports on special topics in connection 
with foreign and colonial commerce are also published from 
time to time. And the bureau prepares and issues the Statis- 
tical Abstract of the United States, which gives a general sum- 
mary, covering most of the departments in the national admin- 
istration, with additional statistics from other sources. 

Consular reports on commercial matters are published first 
in daily bulletins and later in a monthly pamphlet. Special 
consular reports are also published at irregular intervals on 
various subjects on which inquiries have been sent to the con- 
suls. And the annual report to Congress on the commercial 
relations of the United States is made by the bureau. 



COMMEBCE AND LABOB 237 

MARINE COMMERCE 

Several bureaus in the department of Commerce and Labor 
have to do with matters affecting the interests of merchant 
shipping and water-borne commerce. It will not only be con- 
venient to consider these in one group ; but this method may 
also call attention to the larger use made by the national gov- 
ernment of its powers over inter-state and foreign commerce in 
relation to marine traffic as compared to railroad traffic. It 
may also be noted here that, in addition to the bureau of navi- 
gation, the steamboat inspection service, the lighthouse service, 
the coast survey and the bureau of fisheries in this department, 
the life-saving service in the department of the Treasury be- 
longs in the same group of administrative services. Moreover 
the customs administration has a large influence on shipping 
interests, while the admiralty jurisdiction of the United States 
courts gives the judicial branch of the national government 
important functions in the same field. 

So far as the bureaus here under consideration are concerned, 
the constitutional basis for the authority of the national gov- 
ernment is the power of Congress to regulate foreign and inter- 
state commerce. This comprehends authority over such com- 
merce, not only on the high seas, but also on all the navigable 
waters of the United States which are accessible from a state 
other than that in which they lie, although ownership and 
dominion over navigable waters within a state belongs to the 
state. The national jurisdiction includes the power to keep 
such inter-state navigable waters open to navigation and to 
remove obstructions to navigation interposed by the states or 
otherwise. It embraces control over navigation and implies 
the incidental power to regulate the essential instrumentalities 
incident to it, including ships, steamboats and all manner of 
vessels that go upon navigable waters from one state to another, 
or out of a state into the sea, coastwise or upon the sea to 
foreign countries. 1 

1 Gibbon v. Ogden, 9 Wheaton, 1 ; Gilman v. Philadelphia, 3 Wallace 
(U. S.) 713; The Daniel Ball, 10 Wallace (U. S.) 557. 



238 THE NATIONAL ADMINISTRATION 

Laws affecting navigation were passed by the first Congress 
under the constitution. Their most important feature was the 
imposition of discriminating duties, both on imported mer- 
chandise and on tonnage, in favor of American built and Amer- 
ican owned vessels. This restrictive policy was in accordance 
with the navigation acts of other countries at that time ; and 
in 1817 was carried further by prohibiting foreign built or 
foreign owned vessels from engaging in coasting trade in the 
United States. Natural advantages in the construction of 
wooden vessels, and the profits of trade as neutrals during the 
European wars, caused a rapid development in American ship- 
ping from the end of the eighteenth century until after the 
middle of the nineteenth. But with the change from sail to 
steam and from wooden to iron and steel construction, there 
has been a great decline in American vessels in the foreign 
trade ; although domestic shipping, guarded from foreign com- 
petition, has continued to increase. 

The Bureau of Navigation was established in 1884, as a 
bureau in the department of the Treasury, to organize more ef- 
fectively the national supervision over the merchant marine, to 
investigate the operation of the navigation laws, and to recom- 
mend changes in them. It has charge of the registration of 
American vessels in the foreign trade (formerly in the hands 
of the register of the treasury), and of the enrollment and 
licensing of American vessels in the coasting and fishing 
trades. It supervises the laws relating to the admeasurement 
of vessels, their original letters and official numbers ; and has 
the final decision of questions relating to these subjects, and to 
the collection and refund of tonnage duties. It prepares 
annually a list of American merchant vessels, and is em- 
powered to change the names of vessels. 

It also has supervision over the shipping commissioners, who 
are established at the principal ports of the United States. 
These shipping commissioners are public officers who super- 
vise the shipping articles or the contracts of seamen with the 
masters, regulating their wages and describing the voyage and 



COMMEECE AND LABOE 239 

term of service ; and also enforce the laws for the protection 
and relief of seamen, in reference to the seaworthiness of 
ships, provisions, damages for unjust treatment, discipline, 
desertion and the punishment of mutiny and other crimes. At 
less important ports, where no shipping commissioner is ap- 
pointed, the duties may be performed by the collector of cus- 
toms or his deputy. 

Under the act of 1903 the bureau of navigation was trans- 
ferred from the department of the Treasury to the department 
of Commerce and Labor, but its functions were not altered. 

The Steamboat Inspection Service inspects not only steam 
vessels, but also sailing vessels, and examines the qualifications 
of navigation and engineering officers on such vessels, for the 
protection of life and property on the water. As early as 
1838 the national government established a system of local 
inspectors, appointed by the United States district judges, to 
examine the hulls, boilers and machinery of steam vessels, and 
to issue certificates to vessels found in a satisfactory condition. 
This system did not prove adequate ; and an increasing number 
of steamboat boiler explosions, resulting in serious loss of life, 
led to the reorganization of the service by an act of 1852. 
This introduced a new system of choosing the local inspectors : 
and provided for supervising inspectors to be appointed by the 
President and Senate, who should adopt general rules and 
supervise the local inspectors under the general direction of the 
Secretary of the Treasury. In 1903 the service was trans- 
ferred en bloc to the new department of Commerce and Labor. 

As now organized this service has at its head an inspector- 
general at a salary of $3,500 a year, and ten supervising in- 
spectors. All of these meet once a year (on the first Wednes- 
day in January) as a board, which establishes and amends the 
regulations, supplementing the statutory provisions, governing 
the system of inspections and examinations. Each supervising 
inspector has also supervision over the local inspectors within 
an assigned district. Local inspectors are appointed at all the 



240 THE NATIONAL ADMINISTEATION 

important ports, with assistant inspectors at the largest places, 
classed as inspectors of hulls and inspectors of boilers. 

An inspection must be made once a year of the hulls, appli- 
ances, boilers and machinery of all steam vessels (also gas and 
other motor vessels employed as common carriers) as to their 
stability, accommodations and safety and the provision of fire 
apparatus, life preservers and life boats. Sailing vessels of 
over 700 tons and other vessels and barges of over 100 tons 
must also be inspected once a year with reference to the sta- 
bility of construction for their particular service. Iron and 
steel plates for marine boilers are inspected at the mills where 
manufactured ; and only approved plates properly stamped by 
the inspectors may be used in the boilers of steam vessels. Any 
steam vessel which has not complied with the provisions of the 
law will be refused registry or enrollment, and is liable to a 
fine of $500 for each offence. The regulations do not apply to 
vessels doing business solely within a state j 1 but most even of 
such vessels find it an advantage to have the United States 
inspection certificate. 

Local boards of inspectors also examine and issue licenses to 
qualified masters, chief mates, other mates in charge of a watch, 
pilots and engineers of steam vessels, and masters and chief 
mates of sailing vessels over 700 tons. It is unlawful to employ 
any person in any of these capacities who is not licensed by the 
inspectors. These licenses may be suspended or revoked for 
incompetence, misbehavior or negligence ; and in cases of acci- 
dents the local inspectors hold investigations to determine who 
was at fault. Action by the inspectors does not, however, 
interfere with criminal prosecutions or civil suits for damages 
before the judicial courts. 2 

1 6 Ben. IT. S. 42. 

a The appalling loss of life in the burning of the steamer General 
Slocum in New York harbor on June 15, 1904, led to a special investiga- 
tion which disclosed gross negligence in the inspections at the port of New 
York. The local officials responsible have been removed ; and the regula- 
tions of the service have been revised for the purpose of preventing simi- 
^%r disaster*, 



COMMERCE AND LABOR 241 

In cases of collision and other accidents responsibility is 
often determined in accordance with established rules of navi- 
gation, as to lights, signals, lookouts, special precautions in 
fog or in narrow channels, and steering directions. Such rules 
developed at first by customary usage on the sea, enforced by 
decisions in the admiralty courts; but are now placed on a 
statutory basis. In 1864 Congress adopted the rules in the 
English Merchants Shipping Act, which have since been 
amended from time to time. There are now four sets of navi- 
gation rules, varying in certain provisions, governing the navi- 
gation of vessels in United States waters: the international 
rules on the high seas, the inland rules, the rules for the great 
lakes and their tributaries, and the rules for western rivers. 

The Lighthouse Establishment has charge of lighthouses 
and other aids to navigation for the protection of marine com- 
merce. This branch of the national administration began at 
the very outset of the government under the constitution, 
when, in August, 1789, the United States accepted the cession 
of the title to and joint jurisdiction over the eight lighthouses 
previously established in the maritime states. These lights 
were placed under the direction of the Secretary of the Treas- 
ury ; and until 1820 were either under the direct control of that 
officer, or, for two periods, 1 under the immediate control of the 
commissioner of revenue. From 1820 to 1852 the lighthouses 
were directly in charge of the fifth auditor of the treasury, 
who was popularly known as the general superintendent of 
lights. At the end of this period the establishment had in- 
creased to 325 lighthouses and lightships, with numerous 
buoys and other aids to navigation at the various ports. At 
first the collectors of customs acted as local superintendents of 
lights within their customs districts ; but in 1838 the Atlantic 
and lake coasts were divided into eight districts, and a naval 
officer assigned to each. 

In 1852, as the result of several investigations, the adminis- 
tration of the lighthouse service was reorganized. There was 
1 17&2-1802 and 1813-1820. 
H 



242 THE NATIONAL ADMINISTEATION 

created the lighthouse board, composed of the Secretary of the 
Treasury as president, three naval officers, three engineer offi- 
cers of the army and two civilians of high scientific attain- 
ments. At the same time two new districts were established 
on the Pacific coast. Since then, as the service has developed, 
additional districts have been organized on the Gulf of Mexico 
and for the interior rivers. On the organization of the depart- 
ment of Commerce and Labor, the whole establishment was 
transferred to it, the Secretary of Commerce and Labor taking 
the place of the Secretary of the Treasury as president of the 
board. 

General superintendence of the service remains in control of 
the lighthouse board, which forms a marked exception to the 
prevailing system of single-headed bureaus in the national 
administration. In addition to its ex-officio president, the 
board elects a chairman, who ordinarily presides at the meet- 
ings and signs the more important letters. One of the naval 
officers on the board is assigned as naval secretary, who has 
charge of the office staff, the personnel of the lighthouse serv- 
ice, the maintenance of lights and care of vessels belonging to 
the establishment. One of the army engineer members is as- 
signed as engineer secretary, who has control over the real 
estate, lighthouse buildings and apparatus connected with the 
service. 

In the sixteen lighthouse districts the same dual system of 
administration is applied. Each district has a navy officer as 
inspector, who supplies the lighthouses and lightships with 
lighting material, rations and fuel, maintains buoys, makes 
nominations for the promotion and transfer of keepers and is 
responsible for the maintenance of discipline. He also has 
control over the vessels employed for carrying supplies and 
locating buoys. Each district has also an engineer officer from 
the army, who has charge of the real estate, buildings and ap- 
paratus, and control over the machinists, carpenters and labor- 
ers employed in construction and repair work. 

Keepers and assistant keepers of lighthouses are appointed 



COMMEECE AND LABOR 243 

by the Secretary of Commerce and Labor. The establishment 
now consists of about 1,500 lighthouses and beacon lights, 50 
lightships, 2,000 post lights and 6,000 buoys, with 40 steam 
tenders, 1,600 keepers, 1,200 men in the crews of vessels, and 
1,600 laborers in charge of post lights in rivers and harbors. 
The annual expense for maintenance is about $4,000,000. 

The Coast and Geodetic Survey is charged with the survey 
of the coasts under the jurisdiction of the United States, and of 
rivers to the head of tide-water ship navigation for purposes of 
commerce and defense. This includes hydrographic investi- 
gations of depths, tides and currents, not only along the coasts 
and rivers, but also throughout the Gulf Stream and Japan 
stream ; and topographical determinations of heights and geo- 
graphical positions by geodetic leveling and continental 
triangulation (based on trigonometic and astronomical calcu- 
lations), so as to furnish points of reference for state surveys 
and connect the work on the Atlantic with that on the Pacific 
coast. To secure accurate data for this work there has been 
also carried out a large amount of scientific research in connec- 
tion with the force of gravity and the variations of the mag- 
netic needle. 

General management of the survey is in the hands of the 
superintendent, who has direction of the force of assistants, 
draughtsmen, computers and clerks. A number of vessels are 
employed in making observations, while the calculations and 
correlation of the data are performed mainly at Washington. 
The field of operations has recently been extended to include 
Porto Eico, the Hawaiian Islands and the Philippine Islands. 

Kesults of the survey are published in various forms mainly 
for the benefit of navigation interests. These include sailing, 
coast, harbor and river charts; annual tide tables, issued in 
advance; coast pilots, with sailing directions for navigable 
waters; and monthly notices to mariners, containing current 
information necessary for the safety of navigation. Annual 
reports show the work performed, with professional papers 
discussing the scientific value of the results. 



244 THE NATIONAL ADMINISTRATION 

The Bureau of Fisheries promotes the propagation of food 
fishes and otherwise advances the interests of commercial fish- 
eries. It originated in the appointment of a commissioner in 
1871 to investigate the diminution in the supply of food fish. 
A year later a small appropriation was made by Congress to 
continue the investigation and provide for the introduction of 
useful fishes into American waters; and since then there has 
been a steady development both in the biological and economic 
investigations and in fish culture and distribution. For six- 
teen years the work was in charge of Professor Baird of the 
Smithsonian Institution, who served without additional salary ; 
but in 1888 provision was made for a salaried commissioner. 
In 1903 the fish commission, hitherto unattached to any of the 
executive departments, was included as a bureau in the new 
department of Commerce and Labor. 

Three lines of work are carried on by the bureau : investiga- 
tion, fish culture and distribution, and the collection of sta- 
tistics of fisheries. The inquiry into the causes of decrease of 
food fishes has developed into extensive biological investiga- 
tions by scientific naturalists, carried on mainly at the marine 
stations at Woods Holl, Mass., and Beaufort, N. C. A sys- 
tematic survey of ocean fishing grounds has also been carried 
out. For the work of fish culture, thirty-five hatcheries are 
maintained in various parts of the country; and from these 
public waters are stocked with young food fish to the extent of 
over a thousand million a year. In connection with the sta- 
tistics of fisheries, a study is made of fishing methods, and 
information is distributed concerning the most approved meth- 
ods and the best utilization of fishery products. 

The Bureau of Immigration has charge of the inspection of 
immigrants and the execution of the immigration laws. 

Kecords of immigration into the United States have been 
kept since 1821. These show that the movement from Europe 
to this country became marked about 1830, and reached large 
proportions in the two decades from 1840 to 1860. The next 



COMMEECE AND LABOR 



245 



twenty years brought a relatively smaller number of immi- 
grants, followed in the years 1880-1890 by the largest volume 
in any decade, aggregating over 5,000,000. After another ten 
years ' period of comparative decline, another tidal wave seems 
to have set in since 1902. 1 In recent years there has been a 
marked change in the racial elements coming to the United 
States. Where formerly the bulk of immigrants came from 
Ireland and the Teutonic countries of central and northern 
Europe, the greater proportion now come from southern and 
southeastern Europe, including a large share of Slavonic 
peoples. \ 

Congressional laws on immigration began with the Passenger 
acts of 1819 and 1855, which simply aimed to protect immi- 
grants from overcrowding and bad treatment at sea. In 1862 
an act was passed restricting the immigration of Chinese 
coolies; and in 1875 the immigration of convicts and women 
prostitutes was forbidden. But the first important restrictive 
measures were two acts of 1882 : one prohibiting idiots, lunat- 
ics, convicts and persons likely to become a charge on the 
public from coming into the United States ; the other shutting 
out all Chinese laborers. The enforcement of these acts was 
given to collectors of customs and to state officers with whom 
the Secretary of the Treasury might make contracts to act as 
inspectors. In 1885 alien laborers under contract for employ- 
ment in this country were forbidden to enter. In 1888 a new 
and more drastic Chinese exclusion law was passed. 



1 From Political Science Quarterly, 19:33. 



Decade 


Population at 

beginning of 

decade 


Total number 

of 

immigrants 


Number per 1001' 

of initial 

population 


1821-1830 


9,633,822 
12,866,020 
17,069,453 
23,191,876 
31,443,321 
38,558,371 
50,155,783 
62,622,250 


143,439 
599,125 
1,713,251 
2,598,224 
2,314,824 
2,812,191 
5,246,613 
3,687,564 


15 


1831-1840 


47 


1841-1850 


100 


1851-1860 


110 


1861-1870 


73 


1871-1880 


73 


1881-1890 


104 


1891-1900 


59 







246 THE NATIONAL ADMINISTRATION 

No effective means of enforcing these restrictions were estab- 
lished until 1891. An act of that year added polygamists and 
persons suffering from dangerous diseases to the groups of 
excluded aliens. It also provided for regulating the trans- 
portation companies, and required them to carry back any 
aliens who came to the country in defiance of the law. Fur- 
ther, it provided for a force of national inspectors under a 
superintendent of immigration. Some amendments have since 
been enacted, changing the title of the superintendent of immi- 
gration and placing the enforcement of the Chinese exclusion 
acts under his direction. 

General supervision of the immigration service is in charge 
of the officer now known as the commissioner-general of immi- 
gration, who is appointed by the President and Senate, at a 
salary of $5,000 a year. He decides on appeals from the deci- 
sions of local inspectors as to the right of aliens to land in the 
United States ; and the courts have held that the provision of 
the statute which makes his decision final when approved by 
the Secretary of Commerce and Labor (formerly the Secretary 
of the Treasury) is valid, and that a writ of habeas corpus will 
not be issued to review the proceedings in the courts. 1 The 
commissioner-general of immigration also has control over the 
local inspectors, and prepares regulations (issued by the Secre- 
tary of Commerce and Labor) to guide their actions. He also 
investigates violations of the contract labor law, submits to the 
United States district attorneys evidence for prosecuting viola- 
tions, collects immigration statistics and reports annually to 
the Secretary of Commerce and Labor. 

At each of the most important immigrant ports— New 
York, Boston, Philadelphia, Baltimore and San Francisco, 
also at Vancouver and Quebec (in winter Halifax) in Canada 
—there is a local commissioner of immigration with a staff of 
assistants, inspectors and other subordinates, for examining 
immigrants and applying the provisions of the laws. The New 
York immigration office at Ellis island is much the most impor- 
1 142 IT. S. 663 ; 158 TL S. 546 ; 185 TJ. S. 305 ; 186 U. S. 175. 



COMMEECE AND LABOE 247 

tant of these local services. There is also a force of immigra- 
tion inspectors, some stationed at other cities, others traveling 
throughout the country, who act under the immediate direc- 
tion of the commissioner-general. 

The Bureau of Standards, established in 1901, has custody 
of the national standards of measurement, makes exact deter- 
minations, comparisons and tests of standard units and meas- 
uring apparatus, and constructs copies of such standards for 
use in scientific investigations, engineering, manufacturing, 
commerce and educational institutions. From the funda- 
mental standards of length and mass, with the unit of time, 
standards are derived for the measurement of volume, density, 
capacity, velocity, pressure, energy, electricity, temperature, 
illumination and the like. The work includes research in the 
domain of physics, extending into the field of chemistry on the 
one hand and of engineering on the other ; and is carried on by 
a corps of scientific specialists in mechanical and physical labo- 
ratories, under the supervision of the director. 

In addition to the investigations begun on its own initiative, 
the bureau makes comparisons, calibrations, tests and investi- 
gations of standards and methods of constructing measuring 
apparatus for other offices in the national government, and also 
for state and municipal governments, scientific societies, edu- 
cational institutions, manufacturers and others. Such work 
for the national or state governments is performed without 
charge ; from others reasonable fees are required. By furnish- 
ing official sealers of weights and measures and private parties 
with accurate standards of length, mass and capacity, a means 
is provided for placing the weights and measures used through- 
out the country on a new basis of uniformity and precision. 



CHAPTER XVII 

Detached Bureaus 

Intek-State Commerce Commission 
References. — Dos Passos: The Inter-State Commerce Law. — B. H. 
Meyer: Railway Legislation in the United States, Part 3. — E. R. 
Johnson: American Railway Transportation. — Quarterly Journal of 
Economics, 2:162; 3:170. — Political Science Quarterly, 2:223, 369; 
11:201; 17:394.— Atlantic Monthly, 81 : 433.— North American Re- 
view, 145:86; 167:543; 168:62, 321, 506.— Forum, 11:524; 17:207; 
18:704; 25:129; 27:223, 551.— American Law Review, 23:84; 29:59; 
33 : 188.— Popular Science Monthly, 41:212. 

Civil Service Commission 
Brtce: American Commonwealth, ch. 65. — Roosevelt: American 
Ideals, No. 7; Strenuous Life, 41-112; 125-152. — Lodge: Political Essays, 
114-137. — Goodnow: Comparative Administrative Law, II, 34-46. — Hart: 
Practical Essays, No. 4; Actual Government, 285-294.— Reports of the 
National Civil Service Reform Association. — Political Science Quarterly, 
3:267; 4:284. — American Law Review, 11:197. — North American Review, 
141:15; 157:571; 161:602; 166:196; 169:678.— Forum, 14:216; 16:399; 
20:120; 26:413; 27:705; 28:293; 30:608.— Atlantic Monthly, 67:252; 
71:15; 75:239.— Scribner's Magazine, 18:238.— Century, 17:628; 18:837. 
Conservative Review, 3:256. 

There are in the national administration a number of bu- 
reaus, commissions and institutions not attached to any of the 
nine executive departments thus far considered. These in- 
clude the Inter-State Commerce Commission, the Civil Serv- 
ice Commission, the Government Printing Office, and the Li- 
brary of Congress. At least some of these might with ad- 
vantage be placed under the supervision of one or other of 
the executive departments ; but in their present detached con- 
dition they must be noted apart from any of the departments. 
It must not be supposed, however, that grouping them in this 
chapter indicates that there is any special relations between 



DETACHED BUBEAUS 249 

the bureaus here examined. They are as independent of each 
other as of the executive departments. 

INTER-STATE COMMERCE COMMISSION 

While the national government early exercised its authority 
over inter-state commerce in reference to water traffic, and 
indeed has regulated commerce on inter-state waterways car- 
ried on entirely within particular states, the regulation of 
inter-state railroad commerce has developed only within recent 
years. The early railroads were built entirely under state 
authority; and even after companies were established doing 
business in several states they acted under legislation from 
each state and without any national authorization. And the 
early national land grants to encourage railroad building were 
made to the states ; so that in this matter also the national gov- 
ernment did not come into direct connection with the railroad 
companies. 

National legislation dealing directly with railroads began 
with the land grants to the transcontinental roads during the 
Civil "War. Then in 1866 an Act of Congress was passed per- 
mitting the formation of inter-state freight lines. In 1868 
and 1873-4, congressional committees investigated railroad 
questions and considered the question of national control ; but 
no legislation was enacted. In 1875 an act was passed provid- 
ing for the collection of railroad statistics ; but it was twelve 
years later before any regulation of the railroad business was 
attempted. 

The Inter-State Commerce Act of 1887 was a compromise 
between two bills, one of which had passed each house of 
Congress. This act imposed certain requirements and pro- 
hibitions on inter-state railroad traffic; and established a 
commission with power to investigate complaints, to institute 
inquiries, and to carry on proceedings for the enforcement of 
the provisions of the law. The powers of the commission have 
been somewhat enlarged by subsequent legislation, notably the 
Safety Appliances Act of 1893, the Arbitration Act of 1898, 



250 THE NATIONAL ADMINISTRATION 

the Railroad Accidents Act of 1901, and the act of 1903 pro- 
hibiting rebates. 

There are five members of the commission, appointed by the 
President and Senate for a term of six years, at a salary of 
$7,500 each. It employs a secretary and a statistician and a 
considerable staff of clerks. Its functions are in part admin- 
istrative, and in part quasi-judicial, and this dual nature has 
been the cause of no little dissatisfaction. 

In its administrative capacity the commission has charge of 
the collection of railroad statistics; and in this field it has 
secured the adoption of uniform methods of accounting by the 
various railroads, and collects and publishes tolerably complete 
returns of railroad finances, railroad traffic and railroad acci- 
dents. It has also brought about greater uniformity in the 
methods of classifying freight, the former manifold classifica- 
tions being now reduced to three, each in use in a definite 
section of the country. It has further promoted the adoption 
of safety appliances and methods for the prevention of acci- 
dents ; but as yet the requirements for railroads in this regard 
are much less than for vessel navigation under the steamboat 
inspection service. 

Most attention, however, has been given to the quasi-judicial 
work of the commission in investigating complaints of viola- 
tions of the provisions of the law intended to secure an 
adherence to the old common law doctrine that common car- 
riers must treat all their patrons equally, and to prevent 
local discriminations and unreasonable rates. The statutes 
require the railroads to publish their tariffs of rates, and pro- 
hibit pooling of business and rebates and discriminations in 
favor of particular shippers. They also establish the general 
rule that rates for a short distance must not exceed those for a 
longer distance over the same line ; but allows the commission 
to allow exceptions to this rule in special cases where it seems 
necessary. 

In dealing with complaints under these sections of the law, 
the commission has adopted the forms of a judicial trial, in 



DETACHED BUREAUS 251 

which the complainants and the defendant railroads- appear 
with counsel. And their decisions, published in a regular series 
of reports, constitute now a considerable body of railway law, 
much of which is clearly established and recognized. But 
obstacles have been encountered, which have prevented the 
commission from accomplishing much that it has wished to do. 
For a time witnesses refused to testify before the commission, 
under the constitutional guarantee which prevents anyone 
from being forced to incriminate himself. But this difficulty 
was removed by an act of 1896, which relieves witnesses from 
prosecution for any crime shown by their testimony, thus 
making it easier for the commission to get evidence against the 
railroad companies, by waiving the right of prosecution against 
their agents. A more serious obstacle to the devices of the 
commission is the fact that it has no power to execute its 
decisions; that the cases may be again tried in the courts, 
where new evidence may be presented and entirely different 
decisions secured. In particular the Supreme Court has 
limited the commission's power over unreasonable rates, by 
holding that even where it finds a rate complained of to be 
unreasonable, it cannot declare what will be a reasonable rate 
for the future. 1 

Even if the commission were given authority to name reason- 
able rates, it is evident from the decisions of the Supreme 
Court in reference to rates established by state authorities, 
that an appeal could be taken from its decisions to the courts. 2 
In view of these and other considerations it would seem to be 
advisable that the commission should be reorganized on more 
distinctively administrative lines. A single commissioner, 
with an adequate staff, could more effectively organize the 
work of investigation and make determinations more rapidly. 
Appeals from such decisions to the courts are to be expected 
under any organization or procedure of the administrative 
authority ; and the existing arrangement of two inquiries under 

1 167 U. S. 479. 
2 164U. S. 403, 578. 



252 TH E NATIONAL ADMINISTEATION 

judicial forms increases the delay in final settlement. Delays 
in the courts can be reduced by increasing the number of 
judges. 

CIVIL SERVICE COMMISSION 

Entrance to subordinate positions in the national administra- 
tion is now in large measure regulated by the Civil Service 
Commission, which also has important powers to prevent 
abuses in the administrative service. To understand the pur- 
poses and methods of the commission, it is necessary to note 
former conditions, and to trace the development of measures 
for improvement. 

Appointments to subordinate positions have been made from 
the beginning of the national government by the heads of 
departments, in most cases on the nomination of chiefs of bu- 
reaus or the principal local officials under whom the persons 
employed perform their duties. But the recommendations of 
members of Congress early became an important factor in 
securing positions ; and with the development of party organi- 
zation the influence of party managers came to be of great 
weight, especially in districts where the local member of Con- 
gress was not in political accord with the President. 

From the beginning there has been no definite term for such 
subordinate positions ; but they are held subject to the removal 
power of the appointing authority. There is no exact record 
of removals of employees ; but it seems clear that at first the 
tenure in all cases was practically one of good behavior. The 
political removals from presidential offices by Jefferson was 
probably followed by removals of the same kind from minor 
posts. More certainly there were large numbers of political 
removals throughout the administrative service when Jackson 
became President in 1829. The total number in the first year 
of Jackson's term has been estimated at 2,000, 1 out of 25,000 
positions then under the national government. From this 
time, with the development of political removals from presi- 

1 Senator Holmes in the Senate, April 28, 1830. 



DETACHED BUEEAUS 253 

dential offices, the same custom came to be more and more 
systematically followed for all grades of employees. It seems 
probable that removals from minor posts were always less in 
proportion than from the higher offices. But enough was done 
to disorganize and demoralize many branches of the adminis- 
tration with every party change in the presidency ; and a good 
deal in the same direction at every new administration. 

A small step towards better conditions was taken in 1853, 
when the clerks in the department offices at Washington with 
salaries from $1,300 to $1,800 were grouped into four classes ; 
and it was provided that persons appointed to this ' ' classified 
service" should be required to take a pass examination con- 
ducted by examining boards in each department. These 
examinations were, however, limited to those previously 
selected for positions ; and often had no relation either to the 
candidates' ability in general or their qualifications for par- 
ticular posts. 

In 1864 provision was made for a small force of consular 
clerks appointed after examinations. After this time various 
attempts were made in Congress to secure the establishment of 
a permanent commission to control admission to the adminis- 
trative service. President Grant supported this plan ; and in 
1871 an act was passed authorizing the President to appoint 
a commission for this purpose. 

The commission, of which George William Curtis was chair- 
man, framed rules based on the principle of competitive ex- 
aminations open to all applicants. But in two years the 
appropriation for the commission was defeated in Congress; 
and the new system had to be given up for the time. It was, 
however, established in a few of the largest local offices, such 
as the custom house and post-office in New York; and also, 
after 1877, in the department of the Interior by Secretary 
Carl Schurz. 

On the assassination of President Garfield by a disappointed 
office seeker, public opinion was aroused against the prevailing 
method of patronage appointments. But it was not until 



254 



THE NATIONAL ADMINISTRATION 



nearly two years later, in 1883, that an act was finally passed 
which forms the basis for the present system. 

This act was similar to that of 1871. It did not directly 
restrict removals, nor did it of itself establish a new system of 
controlling appointments. It provided for a commission of 
three persons, not more than two of the same political party, 
to be appointed by the President and Senate. This commission 
was to frame rules regulating admission to positions in the 
classified service, which should become effective when promul- 
gated by the President. The act also provided that the rules 
should require competitive examinations and probationary 
appointments, to test the capacity and fitness of candidates, 
but with a preference for members of the army and navy dis- 
abled in the service. It also prohibited recommendations from 
members of Congress; required appointments to be appor- 
tioned to the states and territories on the basis of population ; 
and restricted the levy of political assessments from govern- 
ment officials and employees. 

Under the rules first adopted competitive examinations were 
required for new appointments to some 14,000 positions in the 
department offices at Washington and the larger custom houses 
and post-offices. Since then the number of competitive places 
has been steadily increased, partly by the growth of the govern- 
ment service, partly by new rules extending the competitive 
system to new classes of positions. 1 The most notable increase 
1 Development of the Competitive Classified Service 



Period 


President 


Number 
of competitive 

positions at 
end of period 


I.S 

II 


*1 


la 

go 
fcr ft 


July 16, 1883- January 15,1885. 
January 15, 1885-June 30, 1889 
June 30, 1889- June 30, 1893. . . 
June 30, 1893-June 30, 1897. . . 
June 30, 1897-June 30, 1901 . . . 
June 30, 1901-June 30, 1904. . . 


Arthur. . . 
Cleveland. 
Harrison . 
Cleveland 
McKinley. 
Roosevelt. 


15,590 
29,650 
43,915 
85,886 
106,205 
135,482 


9,889 

53,795 

86,366 

150,165 

189,571 

298,233 


6,185 

34,626 

52,901 

92,130 

135,398 

228,570 


2,289 
12,720 
18,829 
17,630 
37,607 
101,861 



The marked increase in appointments in the last period is due in large 
part to the inclusion of appointments of laborers under the navy yard 



DETACHED BUREAUS 255 

was that made by the ' ' blanket order ' ' of President Cleveland 
in May, 1896. President Roosevelt, who was a member of the 
commission for six years, has made important extensions and 
has greatly strengthened the merit system by other changes 
in the regulations. 

In 1904 there were 135,000 positions subject to competitive 
examinations, out of 280,000 positions in the executive civil 
service. The salaries for the competitive positions aggregate 
about two-thirds of the total expenditure of $180,000,000 for 
salaries. The non-competitive positions include the presi- 
dential offices, certain minor offices, 1 employees whose duties 
are of an important, confidential or fiduciary nature, 2 the 
70,000 fourth class postmasters, and laborers. 

The classified service is divided into seven main groups: 
the departmental service, the custom house service, the post- 
office service, the railway mail service, the Indian service, the 
internal revenue service, and the government printing service. 
The departmental and post-office services each include more 
than forty per cent, of the total number of competitive posi- 
tions; while the other five divisions together have less than 
twenty per cent. The Civil Service Commission also groups 
the positions into eleven classes on the basis of salary. About 
one-third of those in the classified service receive less than $720 
a year ; another third from $720 to $1,200 ; and the remainder 
over $1,200. In 1903 there were 1,428 positions (including 
presidential offices) with a salary of $2,500 or more. 3 

Examinations of applicants for positions are held in every 
state and territory at least twice a year under the direction of 
the Chief Examiner of the Commission. Local boards of ex- 
aminers have been selected from the government employees at 

regulations and appointments to the rapidly developing rural delivery 
service. 

1 Attorneys, pension surgeons and deputy marshals. 

' Also employees at post offices not having free delivery and Indians is 
the Indian service. 

• Census Beport on the Executive Service, Bulletin 12, p. 36. 



256 THE NATIONAL ADMINISTRATION 

each of the places where examinations were held ; but since 
1902 it has been the policy of the commission to consolidate 
local boards in neighboring places and to establish civil service 
districts, conducting all the examinations in each district from 
a central point. 

There are hundreds of different examinations for the great 
variety of positions; but these may be grouped into three 
principal classes. For a considerable proportion of positions, 
such as janitors, firemen, apprentices, messengers, watchmen 
and the like, the examinations simply cover physical qualifica- 
tions and experience, with no educational test. And as this 
class of employees change very frequently, nearly half of the 
new appointments each year are to such positions. The largest 
class of positions are those of a clerical nature, where the ex- 
aminations require a good common school education, and some- 
times—for such places as stenographers, typewriters and 
bookkeepers— technical training of a simple kind. More than 
half of the new appointments are to such positions. The third 
group consists of professional, scientific and technical posi- 
tions, requiring a high degree of specialized training. This 
includes patent examiners, engineers, law clerks, and experts 
in many other lines. Not more than a tenth of the positions 
in the classified service are in this group ; and the new appoint- 
ments are a much smaller proportion. Examinations for this 
class of positions cover the technical qualifications, training 
and experience, and for some of the highest posts the latter 
are the most important parts of the examination. 

Eligible lists of candidates who have passed the examination 
for each kind of position are prepared, with disabled veterans 
ranking first, and others in the order of their grades on the 
examinations. Vacancies are filled by the selection of the 
appointing officer from the three persons standing highest on 
the appropriate register, subject to the rules for the geographi- 
cal apportionment of appointments. When a name has been 
passed three times it is dropped from the eligible list. Ap- 
pointments are made first for a probationary period of six 



DETACHED BUBEAUS 257 

months ; and at the end of that time the probationer is either 
removed or receives a permanent appointment. 

For a time the rules governing the entrance to the service 
were evaded by the system of transfers from one office to 
another. Before a particular class of positions was brought 
under the competitive system, many political appointments 
would be made, in excess of the number of employees required. 
After the places were brought under the competitive rules, the 
additional appointees would be transferred to other competi- 
tive positions. Under the present rules, however, transfers 
are carefully regulated. 

Promotions are now governed by regulations for each branch 
of the civil service. These regulations provide for further 
examinations ; but also consider the records of efficiency of the 
candidates, and in some cases seniority of service is given 
weight. 

In the earliest rules the only restriction in removals was a 
vague provision that they should not be made for political or 
religious opinions ; and no method was provided for enforcing 
this. President McKinley in 1897 established a rule that no 
removals should be made from the competitive service except 
for just cause and for reasons stated in writing, with notice 
given before removal. President Roosevelt supplemented this 
in 1902 with an explanatory statement that "just cause' ' 
meant any cause not merely political or religious, which will 
promote the efficiency of the service ; and that employees were 
not guaranteed a trial before removal. 

With the new system of appointments, which removes the 
incentive to removals for the purpose of creating a vacancy for 
a patronage appointment, there has been a great reduction in 
the number of removals. Complete records are not available ; 
but in the railway mail service, where the removals almost 
equalled the whole number of employees between 1885 and 
1889, there have been only two per cent, a year since the 
service has been made competitive. 
17 



258 TH E NATIONAL ADMINISTRATION 

GOVERNMENT PRINTING OFFICE 

Probably the largest printing and binding establishment in 
the world is the United States Government Printing Office. 
This does all the printing and binding, not only for every 
branch of the national administration, but also for both houses 
of Congress and for the national judiciary, except that done 
by the Bureau of Engraving and Printing in the department 
of the Treasury. This includes the Congressional Record, pub- 
lished daily during the sessions of Congress, with a steno- 
graphic report of the debates and proceedings ; the reports of 
the various administrative bureaus and departments, which 
are also republished withvthe reports of committees of Congress 
in the series of Congressional documents; the decisions and 
opinions of the United States courts ; and the great variety of 
blank forms and other stationery for the different government 
offices. Several thousand persons are employed, and the ex- 
penditures now exceed $6,000,000 a year. There is no doubt 
that this is an extravagant outlay. There is no effective 
means of limiting the amount of printing ; and a great deal of 
useless material is published. 

In general charge of the printing office is the Public Printer. 
He appoints, under the rules of the Civil Service Commission, 
the officers and employees, and purchases the necessary ma- 
chinery and material. But he has no control over what may be 
printed or how many copies of each document. Under his 
direction the principal officers are a chief clerk, who has gen- 
eral supervision of the clerical force, a foreman of printing 
and a foreman of binding. There is also a Superintendent of 
Documents, who prepares an index to the public documents, 
and has charge of their distribution and sale, except those 
assigned to the members of Congress and to the various admin- 
istrative departments and bureaus. 

LIBRARY OF CONGRESS 1 

While its name and its early history indicate that the Library 
1 Report of the Librarian of Congress, 1901, Pt. 2. 



DETACHED BUEEAUS 259 

of Congress is simply a collection of books for the use of the 
legislative branch of the national government, its organization 
and functions at the present time make it in fact a national 
library and a part of the national administration. 

The beginning of the library dates from 1800. In con- 
nection with the removal of the national government to Wash- 
ington, provision was made for the purchase of books to be kept 
in the Capitol for the use of the members of Congress. This 
collection had increased to 3,000 volumes when it was destroyed 
in the burning of the Capitol in 1814. A new start was made 
by the purchase of the library of ex-President Jefferson. This 
increased gradually, mainly by purchases, to 55,000 volumes in 
1851, when two-thirds of the collection was lost by another fire. 

Since then the library has developed much more rapidly. 
Appropriations were made by Congress from time to time to 
make specific purchases. After 1846 a copy of each book copy- 
righted in the United States was required to be deposited with 
the library. A system of international exchanges of public 
documents was established. In 1866 the library of the Smith- 
sonian Institution was transferred to the library of Congress. 
And a number of important private collections were presented 
to the library. 

While the number of volumes was thus increasing no ade- 
quate provisions were made for the library in other respects. 
The rooms in the Capitol were overcrowded. The classifica- 
tion, arrangement and cataloguing of the books was very 
incomplete, and accommodations for using the library were 
unsatisfactory. In 1886 Congress authorized the construction 
of a new library building, which was completed in 1897 at a 
cost of $6,932,000. This is the largest and most magnificent 
library building in the world. It occupies a space of nearly 
four acres on a site of ten acres near the Capitol ; it can house 
2,500,000 volumes, and contains now 1,281,000 printed books 
and pamphlets, besides manuscripts, maps, music, photographs 
and engravings. 

With the transfer to the new building there have come 



260 THE NATIONAL ADMINISTRATION 

important developments in the library administration. Large 
additions have been made to the staff, which now numbers over 
400. Regular appropriations are made by Congress for the 
purchase of periodicals and foreign books. The principal 
reading rooms are open to the public both day ancf evening ; 
and special accommodations are furnished to those engaged in 
research investigations. The whole collection is being recat- 
alogued; and in connection with this the library has under- 
taken to sell printed catalogue cards to libraries in all parts of 
the country. 

From the beginning the Librarian has been appointed by the 
President of the United States. Until 1814 the Clerk of the 
House of Representatives was designated. Since then there 
have been six librarians, one serving for 32 years (John S. 
Meehan, 1829-1861) and another for 33 years (A. R. Spofford, 
1864-1897) . The Librarian makes appointments to the library 
service and has general supervision over the library adminis- 
tration. Other general officers are the chief assistant libra- 
rian, the chief clerk and the Librarian's secretary. 

The library staff is classified into a number of divisions, 
which may be grouped as follows : ( 1 ) those having to do with 
the acquisition of material and its preparation for use,— 
orders, cataloguing and bibliography, with which is connected 
a branch of the Government Printing Office; (2) those having 
the custody of material in use,— the reading room, periodicals, 
documents, manuscripts, maps, music and prints; (3) the 
Law Library, which still remains at the Capitol, and (4) the 
copyright office. 

A national copyright law was enacted in 1790 ; but it was 
not until 1870 that the Librarian of Congress was given control 
over copyright records. All articles copyrighted must be reg- 
istered with the Register of Copyrights ; and at least one copy 
[(of most articles two copies) must be deposited in the Library 
of Congress. There is no investigation of claims as in the Pat- 
ent Office ; and a copyright is simply a matter of record and 
is not a guarantee of literary or artistic property. By act 



DETACHED BUEEAUS 261 

of 1891 foreign authors may obtain copyright in the United 
States upon the same terms as American authors. 

A superintendent of the library building and grounds is also 
appointed by the President and Senate, and appoints and has 
supervision over the watch, engineer and janitor force. 

In conclusion it remains to note briefly a number of institu- 
tions which have some official relations to the national admin- 
istration. 

The International Bureau of American Republics was estab- 
lished in 1890 and reorganized in 1901, for the purpose of 
developing closer relations between the lepublics in North and 
South America. It has custody of the archives of the Inter- 
national American Congresses, corresponds through diplomatic 
agents with the executive branches of the American republics, 
and publishes a monthly bulletin of commercial information 
about American countries. It is supported by contributions 
from the American republics in proportion to their popu- 
lation. 

The National Home for Disabled Volunteer Soldiers main- 
tains ten institutions for the care of such soldiers in different 
parts of the country. The President of the United States, the 
Chief Justice of the Supreme Court and the Secretary of War 
are ex-officiis members of the Board of Managers. 

The Smithsonian Institution 1 originated from a bequest of 
James Smithson, an English scientist, who on his death in 1829 
left his entire estate (which has amounted to three quarters of 
a million dollars) to the United States to found "an establish- 
ment for the increase and diffusion of knowledge among men. ' * 
The new institution was not definitely organized until 1846. 
It has published the results of many scientific investigations, 
and has carried on important scientific experiments. It has 
established a national museum, the foremost collection in the 
world in the natural history, ethnology, geology and paleon- 
tology of the territory now included in the United States. 
1 Popular Science Monthly, vol. 62, p. 323. 



262 THE NATIONAL ADMINISTEATION 

The American Historical Association presents the annual 
reports of its proceedings to the Smithsonian Institution, and 
thus secures their publication as Congressional documents. 
Attached to the institution are several bureaus supported by 
the national government,— the bureau of American Ethnology, 
the astrophysical observatory and the national zoological park. 
For the support of these about $500,000 is appropriated each 
year, in addition to the private income of the institution, which 
amounts to about $60,000. 

In the act establishing the institution it is provided that 
the President and his cabinet shall be members of the insti- 
tution. The governing body is a board of regents, composed 
of the Vice-President of the United States, the Chief Justice 
of the Supreme Court, three United States Senators, three 
members of the House of Kepresentatives, and six others se- 
lected by Congress. The chief executive officer is the secre- 
tary,— who is a permanent official, the present secretary being 
the third since the establishment of the institution. All of 
the officers are selected for their qualifications as scientific 
students ; and political reasons have never been considered in 
their appointment. 



CASES CITED 



Alexander, Sarah (4 Court of 

Claims, 218), 207. 
American Insurance Co. v. Canter 

(1 Peters, 511, 542), 217. 
Armstrong v. U. S. (182 U. S., 222), 

150. 

Bank v. Okely (4 Wheaton, 244), 74. 

Bishop of Nesqually v. Gibbon (158 
U. S., 155), 197. 

Brig Aurora (7 Cranch, 382), 24. 

Butler v. Pennsylvania (10 Howard, 
402), 74. 

Butler v. White (83 Federal Re- 
porter, 578), 27. 

Caha v. U. S. (152 U. S., 211), 27. 

Campbell v. U. S. (107 U. S., 407), 
62. 

Carr v. Gordon (82 Federal Report- 
er, 379), 27. 

Cary v. Curtis (3 Howard, 236), 
103. 

Chaffee & Co. v. U. S. (18 Wallace, 
516), 110. 

Cherokee Nation v. Georgia (5 Pe- 
ters, 1), 198. 

Chinese exclusion cases (130 U. S., 
600; 149 U. S., 698), 31. 

Clinkenbeard v. U. S. (21 Wallace, 
65), 111. 

Collector v. Beggs (17 Wallace, 182), 
109. 

Collins v. U. S. (14 Court of Claims, 
569), 4. 

Corkle v. Maxwell (3 Blatchford, 
413), 104. 

Covington Turnpike Co. v. Sandford 
(164 U. S., 578), 251. 

Cross v. Harrison (16 Howard, 164, 
193), 33, 217. 

Daniel Ball, the (10 Wallace, 557), 

237. 
Darcy v. Allin (671 Noy, 673; 11 

Coke, 86), 209. 
Debs in re (158 U. S., 581), 38. 
DeLlma v. Bidwell (182 U. S.. 1), 

34. 



Dooley v. U. S. (182 U. S., 222), 34, 
150. 

Earnshaw v. U. S. (146 U. S., 60), 

103. 
Elliot v. Swartwout (10 Peters, 

137), 61. 
Elk v. Wilkins (112 U. S., 94), 203. 
Erskine v. Hohnbach (14 Wallace, 

613), 111. 
Exchange v. McFadon (7 Cranch, 

116), 163. 

Field, ex parte (5 Blatchford, 63), 

62. 
Field v. Clark (143 U. S., 649), 24. 
Fish v. U. S. (36 Federal Reporter, 

677), 174. 
Florida v. Georgia (17 Howard, 

478), 168. 
Fok Yung Yo v. U. S. (185 U. S., 

296, 305), 246. 
Foster v. Neilson (2 Peters, 253), 

31. 
Fourteen Diamond Rings v. U. S. 

(183 II. S., 176), 34. 

Garland ex parte (4 Wallace, 333), 

39. 
Gibbon v. Ogden (9 Wheaton, 1), 

237. 
Gilman v. Philadelphia (3 Wallace, 

713), 237. 
Gratiot v. U. S. (4 Howard, 80), 

26, 62. 

Harkness v. Hyde (98 U. S., 476), 

201. 
Harkness v. Underhill (1 Black, U. 

S., 316), 197. 
Head Money Case (112 U. S., 580), 

31. 
Henderson's Distilled Spirits (14 

Wallace, 44), 110. 
Hennen ex parte (13 Peters, 280), 

61. 
Hepburn v. Griswold (8 Wallace, 

602), 125. 



263 



264 



CASES CITED 



lasigi v. Collector (1 Wallace, 
375), 103. 

Interstate Commerce Com. v. Rail- 
way Co. (167 U. S,. 479), 26, 251. 

Jackson, ex parte (96 U. S., 727), 

181. 
Jones v. U. S. (137 U. S., 202), 217. 

Kansas Indians, the (5 Wallace, 

737), 201. 
Kendall v. TJ. S. (12 Peters, 524, 

610), 17, 42, 63. 
Knight v. U. S. Land Association 

(142 U. S., 161), 197. 
Kurtz v. Moffit (115 U. S., 503), 26. 

Langford v. Monteith (102 U. S., 

145), 201. 
Lee Lung v. Patterson (186 U. S., 

168, 175), 246. 
Legal tender cases (12 Wallace, 

457; 110 U. S., 421), 125. 
Lem Moon Sing v. TJ. S. (158 U. S., 

538), 246. 
Lllienthal's Tobacco v. TJ. S. (97 

U. S., 237), 110. 
Little v. Barreme (2 Cranch, 170), 

62. 
Luther v. Borden (7 Howard, 1), 

36. 

Marbury v. Madison (1 Cranch, 137, 
170), 42, 63. 

Meredith v. U. S. (13 Peters, 486), 
105. 

Merryman, ex parte (Taney, 246), 
42. 

Milligan, ex parte (4 Wallace, 2), 
35. 

Mississippi v. Johnson (4 Wallace, 
475), 42, 75. 

Missouri Pacific Railway Co. v. Ne- 
braska (164 U. S., 403), 251. 

Morgan v. Dunn (84 Federal Report- 
er, 551), 27. 

National Bank v. County of Yankton 

(101 U. S., 129), 217. 
Neagle, in re (135 U. S., 1, 63), 20, 

175. 
Newton v. Commissioners (100 U. 

S., 548), 74. 
Nichols v. U. S. (7 Wallace, 122), 

112. 
Nishimura Ekiu, v. U. So (142 U. S., 

651, 663), 246. 



Orchard v. Alexander (157 U. 8., 
372), 197. 

Parsons v. TJ. S. (167 TJ. S., 324), 
12. 

Passavant v. TJ. S. (148 U. S., 214), 

102. 
Peabody v. Stark (16 Wallace, 240), 

109. 
Pollock v. Farmers' Loan and 

Trust C. (157 U. S., 429; 158 U. 

S., 601), 106. 
Prize cases (2 Black, 635), 33. 

Rapier, in re (143 U. S., 110), 181. 
Reed, ex parte (100 U. S., 13), 62. 

Savings Bank v. TJ. S. (19 Wallace, 

227), 111. 
Shurtleff v. U. S. (189 U. S., 311), 

13. 
Stanley v. Schwalby (162 U. S., 

255), 168. 
Swaim v. U. S. (165 U. S., 553), 26. 

Taylor v. Beckham (178 TJ. S., 548), 

74. 
Taylor v. Kercheval (82 Federal 

Reporter, 497), 27. 
Taylor v. U. S. (3 Howard, 197), 

110. 
Texas v. White (7 Wallace, 700), 36. 
Thacher's Distilled Spirits (103 U. 

S., 679), 110. 
Thomas Swan, the (6 Benedict, U. 

S., 42), 240. 
Thomas v. Gay (169 U. S., 264), 

201. 
Tracy v. Swartwout (10 Peters, 80), 

61. 

TJ. S. v. Allen (14 Federal Reporter, 
263), 111, 112. 

TJ. S. v. Avery (Deady's Reports, 204 
24 Federal Cases, 902), 12. 

TJ. S. v. Barrows (1 Abbott, U. S., 
351), 62. 

TJ. S. v. Boecker (21 Wallace, 652, 
655), 109. 

TJ. S. v. Cobb (11 Federal Report- 
er, 76), 62. 

TJ. S. v. Doherty (27 Federal Re- 
porter, 790), 75. 

TJ. S. v. Eaton (144 U. S., 677), 27. 

U. S. v. Eliason (16 Peters, 291), 
23, 26. 

TJ. S. v. Freeman (3 Howard, 118), 
26. 



CASES CITED 



265 



U. S. v. Germaine (99 U. S., 508), 

3, 74. 
U. S. v. Hartwell (6 Wallace, 385), 

74. 
U. S. v. Hodson (10 Wallace, 395), 

110. 
U. S. v. Holliday (3 Wallace, 407), 

201. 
U. S. v. Howland (2 Cranch C. C, 

508), 105. 
U. S. v. Kagama (118 U. S., 377), 

201. 
U. S. v. Kaufman (96 U. S. 567), 

111. 
U. S. v. Kendall (5 Cranch C. C, 

163, 272), 17. 
U. S. v. Kirby (7 Wallace, 486), 75. 
U. S. v. Klein (13 Wallace, 128), 40. 
U. S. v. Lalone (44 Federal Report- 
er, 475), 207. 
U. S. v. Langston (118 U. S., 389), 

51. 
U. S. v. McBratney (104 U. S., 621), 

201. 
U. S. v. Macdaniel (7 Peters, 14), 

19. 
U. S. v. Maurice (2 Brock C. C, 

96), 74. 
U. S. v. Mouat (124 U. S., 303), 74. 
U. S. v. Pacific Railroad (4 Dillon, 

66), 112. 



U. S. v. Pacific Railroad et al. (4 
Dillon, 71), 111. 

U. S. v. San Jacinto Tin Co. (102 
U. S., 273), 20. 

U. S. v. Schmoller (10 Federal Re- 
porter, 547), 207. 

U. S. v. Schumann (7 Sawyer C. C, 
439), 174. 

U. S. v. Schurz (102 U. S., 378), 43. 

U. S. v. Scott (25 Federal Reporter, 
470), 207. 

U. S. v. Smith (124 U. S., 525), 74. 

U. S. v. Wilson (7 Peters, 150), 39. 

Utah and Northern Railway v. 
Fisher (116 U. S., 28), 201. 

Wagoner v. Evans (170 U. S., 588), 

201. 
Well v. Nickles (104 U. S., 444), 20. 
Wells, ex parte (18 Howard, 37), 

39. 
Westray v. U. S. (18 Wallace, 322), 

105. 
Whitney v. Robertson (124 U. S., 

190), 31, 32. 
Wilcox v. Jackson (13 Peters, 498), 

23. 
Worcester v. Georgia (6 Peters, 

515), 201. 



INDEX 



Accounting and auditing, 79, 97, 
101, 119-122, 144, 160, 172, 197. 

Adams, John : on board of war, 134 ; 
diplomatic service, 81, 84 ; re- 
movals by, 14, 15. 

Adams, John Qulncy : diplomatic 
service, 82, 84 ; Secretary of State, 
64 ; removals by, 14, 15. 

Adee, A. A., 80. 

Adjutant-General, 142. 

Administrative law: opinions of 
judge advocates^general, 144, 
161 ; opinions of attorney-general, 
166 ; decisions of Secretary of the 
Interior, 189. See also appeals, 
executive regulations and ordi- 
nance power. 

Administrative organization, 70-76. 

Africa, 82. 

Agricultural colleges, 193. 

Agriculture, department of, 56, 220- 
229. 

Agrostology, division of, 221, 226. 

Alabama, 199. 

Alaska, 83, 191, 195, 196, 218, 229. 

Algiers, 153. 

Allotments to Indians, 201, 203. 

Ambassadors, 81, 82. 

American historical associations, 
262. 

Animal industry, bureau of, 221, 
225. 

Annapolis, Md., 162. 

Antietam, 148. 

Appeals, administrative: to the 
President, 20 ; to heads of de- 
partments, 62, 75 ; in customs 
administration, 102 ; in internal 
revenue administration, 111 ; in 
auditing accounts, 120; to Sec- 
retary of the Interior, 61, 189, 
197, 207. 

Appointments : President's power, 
3, 83, 89, 107; by heads of de- 
partments, 61 ; bureaus of, 79, 97, 
172; political influence in, 72, 83, 
178, 202, 252; non-partisan, 213, 
214, 223, 233, 254-257. 

Appraisals for customs duties, 102. 



Appropriation Bills, 50. 

Archives, 63, 79. 

Arizona, 196, 217. 

Arlington, Va„ 148, 227. 

Army, the: regulations, 21, 22, 26; 
use of, 37; history of, 135-140; 
appropriation act of 1878, 87, 
175 ; war college, 148. 

Arthur, Chester A. : the civil serv- 
ice, 254. 

Asia, 82. 

Assistant Attorneys-General, 171, 
189. 

Assistant Secretaries, 71, 78, 97, 
141, 158, 171, 185, 190, 222, 232. 

Astrophysical observatory, 262. 

Atlanta, Ga., 170. 

Attorney-General : English office, 
165 ; office established, 56 ; duties 
of, 68, 167-170, 209, 234; opin- 
ions cited, 20, 37, 70, 122, 167, 208. 

Auditor for the Post-Office depart- 
ment, 116, 121. 

Auditors of the treasury, 119, 120, 
197. 

Augusta, Me., 208. 

Austria-Hungary, 82. 

Baltimore : custom house, 100 ; sub- 
treasury, 116 ; immigration office, 
246. 

Bancroft, George, 85, 162. 

Banks of the United States, 113, 
126. 

Barbary pirates, 153. 

Barry, W. T., 178. 

Basei, 90. 

Bayard, Thomas F., 85. 

Beaufort, N. C, 244. 

Berlin, 88, 90. 

Biological Survey, 228. 

Board organization, 71, 242. 

Bonded warehouses, 99, 104. 

Book-keeping. See accounts. 

Boston : custom house, 100 ; sub- 
treasury, 115, 116; navy yard, 
159 ; post-office, 180 ; pension 
office, 208 ; Immigration office, 
246. 



267 



INDEX 



Botanical investigations, 226. 
Boundary commission, United 

States and Mexico, 80. 
Bristol, Eng., 90. 
Brooklyn, N. Y., 159, 180. 
Buchanan, James : diplomatic 

service, 85 ; Secretary of State, 

64 ; removals by, 15 ; use of the 

army, 51. 
Buffalo, 208. 
Bulgaria, 82. 
Bureaus, 70. See under titles of 

different bureaus and officers. 

Cabinet, the : organization, 55- 
58 ; powers and functions, 58-61). 

Calcutta, 88. 

Calhoun, John C, 136. 

California, 124, 149, 194, 196, 217. 

Canada, 182. 

Canals, 146, 147. 

Capitol, the, 219, 259. 

Carlisle, Pa., 203. 

Cass, Lewis, 85. 

Cavite, 159. 

Census, the, 234. 

Centralization, 61, 72. 

Certiorari, 75, 104. 

Chaffee, Adna R., 140. 

Charges d'affaires, 81, 82. 

Charleston, S. C, 115. 

Chase, Salmon P., 35, 66. 

Chefoo, 90. 

Chemical laboratories, 215, 227. 

Cherokee nation v. Georgia, 198. 

Chicago : custom house, 100 ; sub- 
treasury, 116 ; post-office, 180 ; 
pension office, 208. 

Chickamauga, 148. 

Chief clerks, 78, 97, 172. 

China, 82, 88, 153. 

Chinese exclusion, 245. 

Cincinnati : sub-treasury, 116. 

Civil Service Commission, 5, 21, 56, 
71, 73, 252-257. 

Civil war, 34, 37, 106, 117, 118, 137, 
148, 149, 154, 161, 206. 

Classified service, 255. 

Cleveland, Grover : conflict with 
Senate, 11 ; railroad strikes of 
1894, 38; his cabinet, 56; the 
civil service, 254, 255. 

Coast and Geodetic Survey, 243. 

Coinage, 123-1^4. 

Collectors : of customs, 61, 99, 100 ; 
of internal revenue, 107. 

Colonies. 67, 149-151. 

Columbus, O., 208. 



Commerce and Labor, department 
of, 56, 80, 95, 230-247. 

Commissary-general of subsistence, 
143. 

Commissioner : rank of, 71 : of 
customs, 101, 119 ; of education, 
213 ; of immigration, 246 ; of In- 
dian affairs, 203 ; of internal 
revenue, 96, 107 ; of the Land 
Office, 196 ; of patents, 210, 221 ; 
of pensions, 207. 

Commissions to office, 42, 63, 169. 

Comptroller : of the currency, 95, 
96, 127; of the treasury, 96, 116, 
119, 120. 

Comptroller-General of Great Brit- 
ain, 121. 

Concord, N. H., 208. 

Confederate government, 142. 

Confederation of 1781, 81, 94, 118, 
152, 190. 

Congress : control over appoint- 
ments, 3, 5 ; debate on removals, 
8 ; control over administration, 
16, 40, 47-53 ; executive regula- 
tions, 23 ; control over treaties, 
31 ; control in military affairs, 
33, 37, ; republican government, 
35 ; control over finances, 65. 

Congress of Vienna, 81. 

Construction and repair, bureau of, 
159. 

Consular clerks, 86, 90, 253. 

Consular courts, 88. 

Consular reports, 87, 236. 

Consular service, 21, 79, 85-91. 

Continental Congress, 77, 86, 93, 
118, 125, 133, 152, 157, 177. 

Contract alien labor, 245. 

Copyright laws, 259, 260. 

Corporations, bureau of, 232. 

Cotton goods, customs revenue 
from, 98. 

Cour des Comptes, 121. 

Court of Claims, 111, 122, 168, 212. 

Courtesy of the Senate, 6, 45. 

Courts martial, 144, 161. 

Courts, United States. See judiciary 
and Supreme Court. 

Criminal prosecutions, 174. 

Cuba, 149, 150. 

Cumberland road, 146. 

Currency administration, 123-128. 

Curtis, George William, 253. 

Customs administration, 21, 22, 55, 
87, 97-105. 

Dawes commission, 208. 



INDEX 



269 



Deane, Silas, 81. 

Debt, national, 118. 

Decentralization, 8. 

Delegation of legislative power 25, 
26. 

Delivery of mail, 183. 

Denver, 123. 

Departments : creation of, 56 ; or- 
ganization 70. See also under 
names of the different depart- 
ments. 

Des Moines, 208. 

Detatched bureaus, 248-262. 

Detroit, 100, 136, 208. 

Dewey, George, 157. 

Diplomatic negotiations, 29, 64, 79, 

Diplomatic service, 79, 81-85. 

Direction, power of : Presidential, 
16 ; heads of departments, 61. 

Director : rank, 71 ; of the census, 
235 ; of the geological survey, 
214 ; of the mint, 123. 

Dissenting opinions, 25, 35. 

District attorneys, U. S., 173. 

District of Columbia, 145, 170, 216, 
218, 219. See also Washington, 
D. C. 

Divisions, administrative, 70. 

Domestic violence, suppression of 
35, 138. 

Education : land grants, 193 ; of In 
dians, 202, 203 ; bureau of, 213. 

Ellsworth, H. L., 221. 

Ellis Island, 246. 

Embargo act of 1794, 24. 

Engineers : in the army, 145 ; in 
the navy, 157 ; reclamation serv- 
ice, 215. 

England. See Great Britain. 

Engraving and printing, 131. 

Entomology, division of, 228. 

Entry of imports, 101. 

Envoys, 81, 82. 

Equipment, bureau of, 160. 

Ethnology, bureau of, 262. 

Examinations : pilots and seamen, 
129; naval officers, 162; civil 
service, 253, 254, 256. 

Examiners : national banks, 128 ; 
pension, 208 ; patent 210 ; civil 
service, 255. 

Executive regulations, 21, 41 62, 
79, 100, 254. 

Exequatur a, 79. 

Expenditures, 117. 

Experiment stations, 221 226, 228. 

Extradition, 32, 64, 79. 



Fairbanks, Richard, 176. 

Parragut, David G., 156. 

Fees : consular, 89 ; customs serv- 
ice, 99 ; patent office, 211. 

Fermented liquors, internal rev- 
enue from, 106, 109. 

Field v. Clark, 24. 

Fillmore Millard : removals by, 15. 

Finance ministers, 64. 

Fisheries, bureau of, 244. 

Florida, 149, 191, 217. 

Foreign commerce, 79, 87, 228 236. 

Foreign relations, 28-32 64, 77-91. 

Forestry, 193, 196, 227. 

Fortifications, 145. 

Fort Leavenworth, 148. 

Fortress Monroe, 148. 

Fort Riley, 148. 

Four year tenure, 4, 178. 

Fowler, John, 90. 

France : centralized administration, 
72 ; ambassador to, 82 ; diplo- 
matic service, 84 ; consular serv- 
ice, 85, 90 ; cour des comptes, 
121 ; naval conflicts with, 153 ; 
postal service, 176, 184. 

Frankfort, Germany, 90. 

Franklin, Benjamin, 77, 81, 177. 

Fuller, Melville W., 25. 

Gadsden purchase, 191. 

Gallatin, Albert, 66, 85, 146. 

Garfield, James A., 253. 

General agent, 172. 

General appraisers, board of, 13 99, 
103. 

General board of the navy, 158. 

General staff, 138, 141. 

Geological survey, 214. 

Georgia, 199. 

Germany, ambassador to, 82. 

Gettysburg, 148. 

Gold certificates, 126. 

Government buildings, 131, 179, 219. 

Government printing office, 258. 

Governors, State, 8, 63. 

Governors of Territories, 217. 

Grant, Ulysses S. : general, 140 ; sec- 
retary of war, 66 ; tenure of office 
acts, 11. 

Great Britain : the cabinet, 54 ; war 
minister, 67, 141 ; minister to, 82 ; 
consular service, 85, 90 ; comp- 
troller-general, 121 ; attorney-gen- 
eral, 165 ; lord chancellor, 169 ; 
postal service, 176, 184; patents, 
208. 

Greece, 82. 



270 



INDEX 



Greenbacks;, 125. 
Guam, 164. 

Habeas Corpus, writ of, 34, 42, 75, 

149, 246. 

Hague conference, 83. 

Halifax, 246. 

Hamilton, Alexander : on removal 
power, 9 ; secretary of the treas- 
ury, 65, 66, 95. 

Hansa towns, 85. 

Harrison, Benjamon : the civil serv- 
ice, 254. 

Harrison, William Henry : removals 
by, 15. 

Hawaiian Islands, 191, 217, 229. 

Hay, John, 64, 85. 

Hayes, Rutherford B. : vetoes of ap- 
propriation bills, 52. 

Homestead act, 193, 195. 

Hospitals : merchant marine, 129 ; 
army, 143 ; navy, 160. 

House of Representatives, 52. See 
also Congress and Speaker. 

Hunter, William, 80. 

Hydrographic office, 160. 

Illinois, 106. 

Immigration, 244-247. 

Impeachment, 42, 52. 

Indiana, 106, 146. 

Indian agents, 202. 

Indianapolis, 208. 

Indian service, 21, 37, 197-204. 

Indian wars, 136, 137, 199, 206. 

Injunction, 42, 75, 112. 

Inspections : national banks, 128 ; 
post-office, 186 ; live stock, 225 ; 
steamboats, 239. 

Inspectors : post-office, 186 ; steam- 
boat, 240; lighthouse, 242; immi- 
gration, 247. 

Inspectors-general, 143. 

Instructions, 41. 

Insular affairs, bureau of, 151. 

Internal commerce, 236, 237-244. 

Interior, department of the, 4, 56, 
78, 95, 172, 188-219, 231. 

Internal revenue service, 21, 95, 
105-112. 

International bureau of American 
Republics, 261. 

International law, 79, 163. 

International Postal Union, 182. 

International Prison Commission, 
80. 

Interstate Commerce Commission, 
26, 56, 71, 249-252. 



Investigation committees, 48. 

Iron and steel, customs revenue 

from, 98. 
Irrigation works, 215. 
Isthmian canal, 147. 
Italy, 82, 83. 

Jackson, Andrew : Governor of 
Florida, 149 ; removals under, 14, 
15, 17, 252 ; removal of deposits, 
114; Indian policy, 199. 

Japan, 153. 

Jay, John, 78, 81. 

Jefferson, Thomas ; diplomatic 
service, 81, 84 ; removals under, 
14, 15, 252; library, 259. 

Johnson, Andrew : conflict with 
Senate, 10 ; removals by, 15 ; im- 
peachment, 53. 

Jones, John Paul, 152. 

Judge Advocate-General : of army, 
144 ; of navy, 161. 

Judicial functions of consuls, 88. 

Judiciary, United States : aggre- 
gate salaries, 4 ; on executive reg- 
ulations, 27, 62 ; control over ad- 
ministrative officers, 75 ; suits 
against collectors, 103 ; jurisdic- 
tion of, 123, 212. See also Su- 
preme Court. 

Jurisdiction over Indians, 200. 

Justice, department of, 56, 165-175. 

Kansas-Nebraska troubles, 137. 
Kendall, Amos, 178. 
Kentucky, 106, 217. 
Knox, Henry, 66, 134. 
Knoxville, 208. 

Labor, bureau of, 233. 

Laboratories, 130, 215, 227, 247. 

Lamar, L. Q. C, 25. 

Lands, public, 190-197. 

Laurens, Henry, 81. 

Lawrence, Kans., 203. 

League Island navy yard, 159. 

Leavenworth, Kans, 170. 

Legal tender notes, 125. 

Legates, 81. 

Legislatures of the Territories, 217. 

Library of Congress, 258-261. 

Lieutenant-general, 140, 141. 

Life saving service, 130. 

Lighthouse establishment, 71, 241. 

Lincoln, Abraham : removals by, 
15 ; emancipation proclamation, 
33; military powers, 34, 37; his 
cabinet, 56 ; postal appointments, 
178. 



INDEX 



271 



Lincoln, Benjamin, 134. 

Linens, customs revenue from, 98. 

Liverpool, 88. 

Livingston, Robert E., 78. 

Loans, 118. 

Local officers, 71, 100. 

London, Bng., 88, 89. 

Louisiana purchase, 118 191, 217. 

Louisiana Purchase Exposition 

Commission, 80. 
Louisville, 147, 208. 

McKinley, William : the civil serv- 
ice, 254, 257. 

Madison, James : on removal 
power, 10 ; removals by, 14, 15. 

Mail, classes of, 181. 

Mandamus, 75. 

Manufactures, bureau of, 232. 

Maracaibo, 90. 

Marbury v. Madison, 42. 

Mare Island navy yard, 159. 

Marine corps, 157. 

Marine hospitals, 129. 

Marseilles, 90. 

Marsh, George P., 83. 

Marshall, John, 198. 

Marshals, U. S., 174, 234. 

Martial law, 34, 149. 

Maryland, 146. 

Mason, Frank EL, 90. 

Massachusetts Bay, 176. 

Medicine and surgery, bureau of, 
160. 

Meehan, John S., 260. 

Melbourne, 88. 

Merchant marine : use of army to 
protect, 38 ; duties of consuls, 
87 ; medical examination of pilots 
and seamen, 129 ; nautical publi- 
cations, 160, 243 ; administrative 
bureaus, 237-244. 

Messina, 90. 

Mexican war, 115, 117, 118, 136, 
149, 153, 191, 206. 

Mexico, 32, 80, 82, 182. 

Mexico, city of, 88. 

Miles, Nelson A., 140. 

Military academy, 67, 147. 

Military cemetery, 148. 

Military government, 33, 149, 164. 

Military parks, 148. 

Military powers of President, 32. 

Military secretary, 142. 

Militia, State, 36, 135, 136, 139. 

Miller, Samuel F., 35. 

Milwaukee, 208. 

Mining land laws, 194, 195. 



Ministerial responsibility, 51, 59. 

Ministers plenipotentiary, 81, 82. 

Mints, 123. 

Mississippi river, 147. 

Missouri, 106. 

Missouri river, 147. 

Mobile, 154. 

Morrill tariff act, 98. 

Money orders, 179, 184. 

Monroe, James : diplomatic service, 

84 ; removals by, 14, 15. 
Montenegro, 82. 

Mormons, expedition against, 137. 
Morris, Robert, 93, 94. 
Municipal administration, 71. 



Nassau, 90. 

National banks, 113, 115, 126-128. 

National home for disabled volun- 
teer soldiers, 261. 

National parks, 219. 

National zoological park, 262. 

Naval officers, 156. 

Naval officers in customs service, 
99. 

Naval Academy, 162. 

Naval examining and retiring 
boards, 161. 

Naval observatory, 160. 

Naval war college, 163. 

Naval war records, 161. 

Navigation, bureaus of : depart- 
ment of the navy, 161 ; depart- 
ment of commerce and labor, 238. 

Navigation laws, 238. 

Navigation, rules of, 241. 

Navy, department of the, 21, 56, 
152-164. 

Neale, Thomas, 177. 

Neill, Richard R., 84. 

New Mexico, 149, 217. 

New Orleans, 100, 115, 116, 123, 
136. 

Newport R. I., 155, 162, 163. 

Newton, Isaac, 221. 

New York : customs service, 100, 
103, 253; sub-treasury, 115, 116; 
post-office, 180, 253 ; pension 
office, 208 ; immigration office, 
246. 

New York State, 99, 106. 

Non-intercourse acts, 24. 

Non-partisan positions, 80, 145, 
213, 214, 223, 233, 254-257. 

Norfolk, Va„ 159. 

Northwest Territory, 190, 217. 

Nuncios 81. 



272 



INDEX 



Oberkammergerlcht, 121. 

Offices : creation of, 3 ; number of 
Presidential, 4 ; tenure, 4, 73 ; 
political appointments, 73 ; na- 
ture of, 74; duties of officers, 75. 

Ohio, 106, 193. 

Ohio river, 147. 

Oklahoma, 217. 

Oleomargarine, internal revenue 
from, 106. 

Ordinance of 1787, 190, 217. 

Ordinance power : of President, 21 ; 
of heads of departments, 62. See 
also executive regulations. 

Ordinance bureaus : army, 145 ; 
navy, 160. 

Oregon^ 191, 196, 217. 

Osgood, Samuel, 177. 



Panama canal, 147. 

Paper currency, 124-126. 

Pardoning power, 39. 

Paris, 88, 89. 

Passports, 79. 

Patent office, 21, 71, 208-212. 

Pauncefote, Lord, 84. 

Paymaster-general : army, 144 ; 

navy, 160. 
Penitentiaries, U. S., 170. 
Pennsylvania, 106, 177. 
Pensacola, Fla., 159. 
Pension bureau, 21, 71, 205-208. 
Perry, "Commodore," 153. 
Philadelphia : custom house, 100 ; 

sub-treasury, 115, 166 ; mint, 

123 ; post-office, 177, 180 ; pension 

office, 208 ; immigration office, 

246. 
Philippine Islands, 118, 149, 150, 

151, 191. 
Pierce, Franklin : removals by, 15. 
Pierce, Texas, 227. 
Piracy, suppression of, 153. 
Piscataqua, Me., 177. 
Pittsburgh, 135, 208. 
Plant industry, bureau of, 225. 
Political influence in appointments, 

72, 83, 178, 202, 252. 
Polk, James K. : removals by, 15. 
Pomological investigations, 226. 
Porter, David D., 156. 
Porto Rico, 149, 150, 191, 218, 229. 
Ports of delivery, 99. 
Ports of entry, 99. 
Postal service, 21, 38, 95, 176-185. 
Postmaster-General, 68, 116, 185, 

234. 



Post-office department : creation of, 
56 ; assistant attorney-general, 
172 ; auditor for, 116, 121 ; 
postal service, 4, 176-185 ; cen- 
tral administration, 185-187. 

Pre-emption act, 193. 

President, the : election of, 1 ; 
power of appointment, 3, 83, 89, 
107 ; power of removal, 8, 121 ; 
power of direction, 16 ; ordi- 
nance power, 21 ; foreign rela- 
tions, 28 ; military powers, 32 ; 
pardoning power, 39 ; limitations 
on, 47 ; forms of action, 44 ; rem- 
edies against, 42 ; message of, 47 ; 
relations with state governors, 
63 ; government of Philippine 
Islands, 150. 

Printing, government, 131, 258. 

Prize courts, 164. 

Proclamations, 41, 63, 79. 

Prussia. Oberkammergerlcht, 121. 

Public Health and Marine Hospital 
service, 129. 

Public Lands, 21, 37, 190-197. 

Public Works, 67, 145-147. 



Qualifications for office, 5, 7, 89, 

See also Examinations. 
Quartermaster-general, 143. 
Quebec, 136, 246. 
Quo Warranto, 75. 



Railroad land grants, 194. 

Railroad strikes of 1894, 38, 138. 

Railway Mail Service, 179, 183, 257. 

Reciprocity Commission, 80. 

Reclamation service, 215. 

Record and Pension office, 142. 

Register of the Treasury, 116, 119, 
239. 

Remedies judicial : against presi- 
dent, 42 ; against heads of de- 
partments, 63 ; against officers 
in general, 75. 

Removal from office: president's 
power of, 8 ; record of, 13 ; by 
heads of departments, 61. 

Representatives : influence in ap- 
pointments, 5, 73, 148, 163. 

Reservations: forest, 196, 227; In- 
dian, 202. 

Revenues of the government, 117. 

Revenue bills, 50. 

Revenue Cutter Service, 21, 22, 98, 
100, 101, 129. 



INDEX 



273 



Revolutionary War, 77, 118, 135, 
152, 177, 206. 

Riders to appropriation bills, 51. 

Rio de Janiero, 88. 

River and harbor improvements, 67, 
146. 

Road inquiries, office of, 222, 229. 

Rock Island Arsenal, 145. 

Roosevelt, George W., 90. 

Roosevelt, Theodore : diplomatic ap- 
pointments, 84 ; the civil service, 
255, 257. 

Root, Elihu, 68, 138. 

Roumania, 82. 

Russia : ambassador to, 82. 

St. Louis : sub-treasury, 115, 116. 

Salaries : determined by Congress, 
2, 51 ; heads of departments, 56 ; 
army officers, 140 ; navy officers, 
157; other officials, 71, 78, 85, 
88, 97, 107, 120, 255. 

Samoan Islands, 164. 

San Francisco, 100, 116 123, 155, 
208, 246. 

Sanitary administration, 88, 129. 

Sault Ste. Marie, 147. 

Schofield, John M., 66, 140. 

Schurz, Carl, 253. 

Scientific bureaus, 130, 214, 223- 
229, 243, 244, 247, 261. 

Scott, Winfield, 140. 

Secretaries of Legation, 82, 83, 85. 

Secretary of Agriculture, 69, 222. 

Secretary of Commerce and Labor, 
69, 232, 242. 

Secretary of the Interior : appeals 
to, 61, 189, 207; duties of, 69, 
234. 

Secretary of the Navy, 68. 

Secretary of State, 29, 63, 78, 209. 

Secretary of the Treasury : presi- 
dential control, 16, 94 ; reports, 
52 ; on customs districts, 55 ; 
control over collectors, 61 ; ap- 
peals to, 62, 103 ; duties, 64, 241 ; 
control over auditors, 121. 

Secretary of War, 66, 151, 209. 

Secret Service, 131. 

Seed distribution, 221, 226. 

Senate, the: power over appoint- 
ments, 5, 45 ; control over remov- 
als, 10 ; control over foreign re- 
lations, 29, 30, 46; no ordinance 
power, 45 ; as court of impeach- 
ment, 52. 

Senators : influence in appoint- 
ments, 5, 73, 148, 133. 



Servia, 82. 

Seward, William H., 64. 

Sheridan, P. S., 140. 

Sherman, John, 66. 

Sherman, W. T., 66, 140. 

Shiloh, 148. 

Shipping commissioners, 238. 

Signal Corps, 144. 

Silks, customs revenue from, 98. 

Silver certificates, 125. 

Silver purchases, 124. 

Slave trade, suppression of, 153. 

Smithsonian Institution, 223, 261. 

Soils, bureau of, 227. 

Solicitor-General, 170. 

Solicitors, 171. 

Spanish War, 68, 118, 138, 149, 155. 

Speaker of the House of Represent- 
atives, 147. 

Spirits, internal revenue duties on, 
105, 106, 108. 

Spofford, A. R., 260. 

Spoils system : See political influ- 
ence in appointments. 

Springfield (Mass.) armory, 145. 

Stamps : internal revenue, 110. 

Standards, bureau of, 247. 

Stanton, Edwin M., 68. 

State administration, 71. 

State banks, 126. 

State, department of, 4, 56, 77-91, 
132, 219, 231, 234. 

Statistics, bureaus of : department 
of agriculture, 228 ; department 
of commerce and labor, 233-236. 

Statistics of railroads, 250. 

Steamboat inspection, 239. 

Steam Engineering, bureau of, 160. 

Steuben, Baron, 135. 

Sub-treasuries, 115, 116. 

Sugar, customs revenue from, 98. 

Summerville, S. C, 227. 

Superintendents : postal service, 
186 ; coast and geodetic survey, 
243 ; of documents, 258. 

Supervising architect, 130. 

Supervisors of the census, 234. 

Supplies and Accounts, bureau of, 
160. 

Supreme Court of the United 
States : on power of removal, 12 ; 
on power of direction, 19 ; on 
ordinance power, 23, 26 ; on mar- 
tial law, 34 ; republican form of 
government, 35 ; on use of army, 
38 ; on pardoning power, 40 ; con- 
trol over president, 42 ; on in- 
come tax, 106 ; on internal rev- 



%u 



INDEX 



enue laws ; 110 ; on taxing pow- 
ers of military government, 150 ; 
on power over territories, 217 ; 
on inter-state commerce commis- 
sion, 26, 251. See also Judici- 
ary. 

Surgeon-general : marine hospital 
service, 129 ; army, 143 ; navy, 
161. 

Surveyors of customs, 99, 100. 

Surveys, 192. 

Suspension of specie payments, 114, 
115. 

Swayne, Noah H., 35. 

Tariff laws. See Customs adminis- 

stration. 
Taylor, Zachary, 15. 
Tenure of office, 4, 73, 80, 83, 89, 

178, 214, 223. 
Tenure of office acts, 4, 10-12, 178. 
Territories, 216-219. 
Texas, 191, 217. 
Thomas, W. W., 83. 
Timber culture act, 193. 
Tobacco : customs revenue from, 98 ; 

internal revenue from, 106, 110. 
Topeka, 208. 

Topographical maps, 215. 
Transportation of mail, 178, 182. 
Treasurer of the United States, 96, 

116, 126. 
Treasury, department of the, 4, 56, 

92-132, 231. 
Treasury, the independent, 95, 113- 

119. 
Treasury notes, 125. 
Treaties, 30, 63, 64, 87, 200. 
Tunis, 153. 
Turkey, 88. 
Tutuila, 164. 
Tyler, John : removals by, 15 ; veto 

by, 114. 

Van Buren, Martin : diplomatic serv- 
ice, 84 ; removals by, 14, 15. 
Vancouver, 246. 



Vetoes, presidential, 52, 114. 

Veto power of territorial governors, 

217. 
Vermont, 217. 
Vicksburg, 148, 154. 
Vignaud, Henry, 84. 
Virginia, 177. 

Wall street, 116. 

Walker, Francis A., 234. 

Walker tariff act, 98. 

War, department of, 56, 133-151, 
223. 

War of 1812, 114, 136, 152, 206. 

Washington, George : general, 140 ; 
his cabinet, 56 ; removals, 14, 15. 

Washington, D. C. : the treasury, 
115 ; capture of, 136 ; army war 
college, 148 ; navy yard, 159 ; post- 
office department, 186 ; depart- 
ment of the interior, 189 ; pension 
office, 208 ; weather bureau, 224. 
See also District of Columbia. 

Washington, State of, 196. 

Watervliet arsenal, 145. 

Wayne, James M., 35. 

Weather bureau, 223. 

Weights and measures, 247. 

West Point, 135. 

West Virginia, 217. 

Wharton, Francis, 79. 

White, Henry, 84. 

Whitney, William C, 154. 

Whiskey rebellion, 105. 

Willets Point, N. Y., 148. 

Williamsburg, Va., 177. 

Wirt, William, 122. 

Wisconsin, 107. 

Woods Holl, Mass., 244. 

Wool and woolens, customs revenue 
from, 98. 

Wright, Carroll D., 233. 

Wyoming, 196. 

Yards and docks, naval, 159. 
Yokohama, 88. 
Young, S. B. M., 140. 



Pjinted in the United States of America. 



